Emerson Hospital v. Amica Mutual Insurance

In this appeal, we consider whether summary judgment properly entered for the defendant, Amica Mutual Insurance Company (“Arnica”), on claims brought by the plaintiff, Emerson Hospital (“Emerson”), which are based on the failure of Arnica to pay Emerson personal injury protection (“PIP”) benefits pursuant to its rights under G.L.c. 90, §34M for medical services it provided to Arnica’s insured. We conclude that material issues of fact remain and reverse, except as to count 4 alleging a violation against the law prohibiting the restraint of trade and monopoly.2

Summary judgment is appropriate…