Kirby v. Liberty Mutual Insurance

On October 8, 2009, Jennifer Kirby (“Kirby”) filed this action against her automobile insurance carrier, Liberty Mutual Insurance Company (“Liberty Mutual”). Kirby claimed that Liberty Mutual breached the insurance contract by failing to issue payment under her optional medical payments (“MedPay”) coverage. When Kirby settled her tort claim, she paid in full a lien from her private health insurance carrier, Unicare State Indemnity Plan (“Unicare”), reimbursing the health insurer for benefits paid on her behalf for treatment of injuries sustained in a motor vehicle accident that occurred on…