LMR's Major PIP Appellate Victories

PART SIX OF A SIX PART WEEKLY SERIES

LOMIBO, LLC v. QUINCY MUTUAL FIRE INSURANCE COMPANY

2014 Mass. App. Div. 241

https://www.masscasesarchive.com/masscases.com/cases/distapp/2014/2014massappdiv241.html

Case Overview

In this case, the medical provider administered necessary medical treatment to a patient following an automobile accident. Despite the provider’s diligent care, the insurer, Quincy Mutual, used a one-time Independent Medical Examination (IME) to unilaterally "cut off" payments, leaving a balance of $580.00 unpaid.

When Quincy Mutual attempted to resolve the subsequent lawsuit by simply tendering the remaining balance—likely to avoid further scrutiny or statutory penalties—Attorney LaMothe and his client rejected the late payment, standing their ground on a point of legal principle.

The Success of LaMothe’s Strategy

Atty. LaMothe’s effective advocacy is highlighted by several key factors:

· Refusal to Settle for Less: By rejecting the late tender of payment, Matt ensured that the insurer could not simply "buy its way out" of a violation of G.L. c. 90, § 34M.

· Strategic Use of Precedent: He successfully leveraged the high-court ruling in Barron Chiropractic & Rehabilitation, P.C. v. Norfolk & Dedham Group, arguing that a mere late payment does not automatically moot a provider's claim for breach of contract or statutory interest and fees.

· A Victory for Providers: Through his persistent litigation, Mr. LaMothe successfully convinced the Appellate Division to vacate the summary judgment that had been granted to the insurer.

Conclusion

Thanks to the sharp legal maneuvering of Matt LaMothe, the lower court's decision was reversed. The case was returned to the Salem District Court for trial, and ultimately a full recovery by settlement for Plaintiff, sending a clear message that insurers must be strictly accountable to the timelines and obligations set forth by Massachusetts law.