Action Physical Therapy & Rehabilitation v. Amica Mutual Insurance

The plaintiffs, health care providers,1 brought suit seeking recovery for services rendered to the defendant’s insured pursuant to G.L.c. 90, §34M. In a jury waived small claims trial, the trial judge determined that the noncooperation defense created by the statute does not limit a healthcare provider’s right to claim a contract between itself and an insurance carrier prior to the carrier’s notifi*128cation of its intent to deny coverage. Aggrieved by the trial judge’s Findings and Rulings, the defendant, Arnica Mutual Insurance (“Arnica”), commenced this District/Municipal Courts Rules for…