Rehab Associates of New England v. Blue Cross & Blue Shield of Massachusetts, Inc.

In this case, we determine whether Blue Cross and Blue Shield of Massachusetts, Inc. (Blue Cross), violated G. L. c. 176B, § 4 (1994 ed.); G. L. c. 176D, §§ 2, 3 (4) and 3 (7) (1994 ed.); and G. L. c. 93A, § 11 (1994 ed.), when it *732refused to contract with the plaintiff, Rehab Associates of New England (RANE).

On March 21, 1990, RANE filed a complaint in the Superior Court seeking a declaratory judgment, injunctive relief, and damages for Blue Cross’s alleged statutory violations. After a jury-waived trial, the judge entered judgment for Blue Cross on all counts. The judge reasoned that RANE…