Advanced Spine Centers, Inc. v. Commerce Insurance

Advanced Spine Centers, Inc. (“Advanced”) brought this action against Commerce Insurance Co. (“Commerce”) for recovery of both G.L.c. 90, §34M personal injury protection (“PIP”) payments for chiropractic treatment provided to Commerce’s insured, and G.L.c. 93A, §11 damages for Commerce’s unfair business practice in failing to pay for that treatment. On the day of trial, Advanced brought forward a motion in limine that sought to sanction Commerce for discovery violations. After argument, the trial judge ruled that the appropriate sanction was to preclude the presentation of expert testimony by…