Bill
S 1101
MA S.1101 clarifies PIP payable (full or partial) and bars attorney’s fees if an insurer pays the amount due within 30 days after service, reducing fee recovery and litigation.
Note on sources
- Multiple different bills labeled “S 1101” were included in the materials (a U.S. Senate bill on FBI criminal-history sharing and an Idaho bill revising coroner law). This summary focuses on the Commonwealth of Massachusetts bill titled “An Act relative to personal injury protection payments” (Senate Docket No. 2232 / S.1101), as requested.
Summary — An Act relative to personal injury protection payments (MA S.1101)
Purpose
- To amend Section 34M of Chapter 90 of the Massachusetts General Laws (the Personal Injury Protection — PIP — statute) to (1) clarify the scope of amounts “payable” under the statute and (2) limit the court’s authority to assess attorney’s fees and costs in certain circumstances when an insurer timely tenders payment.
Key provisions
1. Clarification of “payable”
- Inserts the words “whether in whole or in part” after the word “payable” in Section 34M (line 82 of the existing statute text). This explicitly confirms that references to amounts “payable” under the statute include both full and partial payments.
Who is affected
- Insureds / plaintiffs: Those pursuing PIP claims may lose the ability to recover attorney’s fees and costs if the insurer tenders payment within the 30‑day window.
- Insurers: Gain an incentive to tender timely payments to avoid fee awards; may reduce litigation exposure and fee liabilities.
- Personal-injury attorneys: May see reduced fee recovery in cases where insurers promptly tender payment.
- Courts: Must apply the new 30‑day tender rule when deciding on fee/cost awards under §34M.
Potential impacts and considerations
- Incentivizes prompt insurer payment of PIP amounts; could reduce small‑value litigation where insurers pay quickly.
- May diminish plaintiffs’ leverage in negotiating settlements after suit is filed if insurers can avoid fee awards by tendering timely payment.
- Administrative/fiscal impact appears minimal; changes are procedural/substantive amendments to fee-award rules rather than establishing new expenditures.
Procedural status (as provided)
- Filed as Senate Docket No. 2232 / S.1101 by Senator Paul R. Feeney on 01/17/2025; presented to the Legislature and referred to the Judiciary (petition accompanied by bill). Further legislative action/status beyond filing was not included in the supplied MA materials.
Text highlights (verbatim insertions from the bill)
- Insert after “payable”: “whether in whole or in part,”
- Insert after “fees”: “except the court shall not assess attorney’s fees or costs if, within thirty days of service of the summons and complaint, the insurer tenders to the Plaintiff the amount due and payable.”
Compiled from official sources — confirm details with the bill’s official record.
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