McGovern Physical Therapy Associates v. Arbella Mutual Insurance

Greco. J.

This is a Dist/Mun. Cts. RAD.A, Rule 5, report by the trial judge of his interlocutory ruling denying a motion for summary judgment by defendant Arbella Mutual Insurance Company (“Arbella”). G.L.c. 231, §108. See Pike v. Empire Ins. Group, 2001 Mass. App. Div. 143, 143-144; Price-Hanson v. Pare, 1997 Mass. App. Div. 101, 101-102. As phrased by the judge, the issue raised by the summary judgment motion is as follows:

Can a medical service provider bring suit for G.L.c. 175, §113C medical payment coverage benefits under G.L.c. 90, §34M where PIP benefits have been paid by the insurer to…