Defendant-insurer was not collaterally estopped from defending against an under-insured motorist arbitration based on prior PIP litigation under M.G.L.c. 90 §34M between that insurer and a chiropractor who treated the claimant who was seeking underinsured motorist benefits. The arbitrator ruled that the cases were different and the parties were not the same.
Welsh v. Arbella Mutual Insurance Company, Barnstable Superior Court, C.A.No: 2010-00623 (Decision March 14, 2012) (Welch, J. (Ret.))