Boehm v. Arbella Mutual Insurance

This is a G.L.c. 90, §34M action to recover Personal Injury Protection (“PIP”) payments for medical services provided by the plaintiff practitioner. After a bench trial, judgment was entered for the defendant-insurer. The plaintiff filed this Dist/Mun. Cts. R. A. D. A., Rule 8C, appeal on a charge of error in the trial judge’s ruling that the evidence did not warrant a finding in his favor, and in the judge’s exclusion from evidence of both a sworn written statement by the defendant’s claims adjuster and the insurance policy under which the plaintiffs claim was made.

The only witness at trial…