Sonogram of New England, Inc. v. Plymouth Rock Assurance Corp.

This case is before us for the second time. The facts — at least up to the time of our decision in Sonogram of New England, Inc. v. Plymouth Rock Assurance Co., 2002 Mass. App. Div. 148 — are recited in that opinion. Plaintiff Sonogram of New England, Inc. (“Sonogram”) filed a Personal Injury Protection (“PIP”) benefits claim against defendant Plymouth Rock Assurance Company (“Plymouth Rock”) for payment of ultrasound diagnostic tests performed by Sonogram on Plymouth Rock’s injured insured. Plymouth Rock moved for summary judgment on the ground that various decisions of trial judges in…