Harvard Community Health Plan, Inc. v. Zack

This is an appeal by the defendant, Linda Zack, from a judgment of a Superior Court judge allowing the plaintiff, Harvard Community Health Plan, Inc. (HCHP), to limit the physical therapy coverage provided to the defendant’s two special needs children, both of whom re quire physical therapy on a regular basis. Zack claims that the trial judge erred: (1) in denying her motion to dismiss, because the issues presented had been previously decided by an arbitrator whose award was confirmed by a judge of the Superior Court; and (2) in allowing the plaintiffs motion for summary judgment, because it…