Natoya Platt v. Plymouth Rock Assurance
N/AOUTCOME: The Appealatte Division of the District reveresed
In this amtter, the plainitff was seeking Personal Injury Protection (PIP) benefits from her insurer, Plymouth Rock Assurance. The defendnat had denied her claim. The Plaintiff had assigned her right ... s to PIP benefits to a chiropractor. Prior to trial the matter was settled onthe claim for PIP benefits and a G.L. ch 93A claim. The Defendant refused to honor the settlement agreement. The trial court agreed with Plaintiff and ordered the Defendnat to comply withthe agreement. The Defendnat appealed, arguing the assignment of benefits the Plaintiff granted the chiropractor allowed them to disavow the settlement agreement, despite the fact that the agreement was valid on its faace and also resolved a 93A claim. The Appealatte Division, in an exercise of legal and factual fiction, decided that a mutual mistake of fact existed and the settlement agreement was unenforcable.
