Justice F. Dana Winslow
Risk Management Planning Group (RMPG) moved for summary judgment in this action to collect money allegedly due for services rendered. RMPG argued it had a long-standing agreement with Palombo Group (PG) in which RMPG administered PG's workers' compensation program for 10 percent of its annual workers' compensation insurance premiums. It alleged it sent invoices to PG which were retained without objection, and partially paid, contending upon PG's subsequent failure to pay outstanding balances, RMPG sued for breach of contract and an account stated. PG asserted while it did business with RMPG since 2007, receiving invoices and paying them, it denied that such partial payments signified a concession as to the total amount billed arguing the office manager questioned how the sums were calculated. The court noted the parties' agreement provided for an eight percent fee, stating in the absence of a written agreement reflecting the allegedly applicable 10 percent rate, it could not find RMPG was entitled to summary judgment on its contract cause of action. Further, while RMPG established a prima facie claim for an account stated, the court found deficiencies in RMPG's submissions, and that material issues of fact were raised, precluding summary judgment.
