N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance

Gitane Dalencourt was injured in an accident in a motor vehicle insured by Liberty Mutual Insurance Company (“Liberty”). He was treated by N.E. Physical Therapy Plus, Inc. (“NEPT”)- As an unpaid party, NEPT submitted a claim for its services to Liberty for the payment of personal injury protection (“PIP”) benefits under G.L.c. 90, §34M. The claim was for $4,465.00. Liberty paid what it determined to be reasonable, $3,730.68. NEPT sued Liberty for the balance of $734.32, alleging a breach of contract under G.L.c. 90, §34M and violations of G.L.c. 93A, §11. After a jury-waived trial, the judge…