Advanced Spine Centers, Inc. v. Commerce Insurance

Greco, PJ.

Advanced Spine Centers, Inc. (“Advanced Spine”) has appealed the allowance of summary judgment, pursuant to Mass. R. Civ. P., Rule 56(c), in favor of Commerce Insurance Company (“Commerce”). Advanced Spine, as the unpaid parly, sought Personal Injury Protection (“PIP”) benefits for chiropractic services rendered to Kimlang Chea (“Chea”). In its motion for summary judgment and supporting affidavits, Commerce argued that Chea failed to cooperate with Commerce in its investigation of the underlying accident by failing to appear for an examination under oath (“EUO”). See…