Duffy v. Amica Mutual Insurance

This appeal arises from a claim for personal injury protection (“PIP”) benefits filed by the medical provider for services provided to the defendant’s insured. Summary judgment for the defendant was entered, and the plaintiff has appealed the allowance of the defendant’s Mass. R. Civ. P, Rule 56, motion.

The defendant-appellee, Arnica Mutual Insurance Company (“Arnica”), provided PIP coverage to one Cormier, who was injured in a motor vehicle accident on April 17, 2005. Arnica requested Cormier to submit to a medical examination to be performed by Dr. Ronald E. Rosenthal (“Rosenthal”).…