HOUSE DOCKET, NO. 2865 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2151
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The Commonwealth of Massachusetts
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PRESENTED BY:
Garrett J. Bradley
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to personal injury litigation.
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PETITION OF:
Name: | District/Address: | Date Added: |
Garrett J. Bradley | 3rd Plymouth | 1/21/2011 |
HOUSE DOCKET, NO. 2865 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2151
By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 2151) of Garrett J. Bradley relative to the allocation of costs incurred in personal injury protection litigation. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1557 OF 2009-2010.]
The Commonwealth of Massachusetts
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In the Year Two Thousand Eleven
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An Act relative to personal injury litigation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 34M of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:—
“If after the commencement of any such action, but before judgment, the insurer makes payment of the amount that is due and payable, the court may still assess costs and reasonable attorney’s fees for the bringing and prosecuting of the action, but only up until the time of such payment. Interest, running from the commencement of the action shall be assessed on all amounts adjudged to be due and payable in any such action, at the same rate as interest is assessed for breach of contract actions in the Commonwealth.