LMR's Major PIP Appellate Victories
- LaMothe, McNiff, Relethford
- May 6
- 1 min read
PART FOUR OF A SIX PART WEEKLY SERIES
KANTOROSINSKI CHIROPRACTIC, INC. v. PLYMOUTH ROCK ASSURANCE CORPORATION
2011 Mass.App.Div. 234
Case Summary
Representing the medical provider, Kantorosinski Chiropractic, Attorney Matthew LaMothe secured a pivotal victory for his client by successfully overturning a lower court's summary judgment.
In this PIP dispute, Plymouth Rock initially refused to pay the full balance of medical bills, citing a minor damage appraisal. However, as soon as Attorney LaMothe filed suit, Plymouth Rock eventually agreed to pay the balance.
A Masterful Legal Strategy
Matt LaMothe’s representation was defined by a sophisticated understanding of G.L. c. 90, § 34M, and a refusal to let the insurer dictate the terms of the resolution.
The Court looked beyond a late payment to evaluate whether Plymouth Rock was entitled to Summary Judgment, and held that by way of his client's detailed affidavit, Attorney LaMothe had demonstrated that there were genuine issues of fact to be resolved at a trial. The case was remanded to the Salem District Court and ultimately resolved, vindicating his client’s right to a full trial on the merits and holding the insurer accountable to the strict standards of Massachusetts insurance law.
LaMothe’s strategic planning meant his client recovered 100% owed to him and that he owed nothing to Attorney LaMothe out of his recovery.