Kaplan v. Arbella Mutual Insurance

Michael H. Kaplan, D.C. (“Kaplan”) commenced this action against Arbella Mutual Insurance Company (“Arbella”) seeking payment under G.L.c. 90, §34M of personal injury protection (“PIP”) benefits for chiropractic services he provided to Arbella’s insured. The trial court allowed Arbella’s Mass. R. Civ. R, Rule 56 motion for summary judgment based on the failure of Arbella’s insured to cooperate by submitting to an independent medical examination (“IME”) ,1 Kaplan has appealed that summary judgment ruling.

*309In moving for summary judgment, Arbella “assume [d] the burden of affirmatively…