Excel Physical Therapy, Inc. v. Commerce Insurance

Plaintiff Excel Physical Therapy, Inc. (“Excel”) filed this action to recover payments for personal injury protection (“PIP”) benefits pursuant to G.L.c. 90, §34M. Defendant Commerce Insurance Company (“Commerce”) has appealed the trial court’s allowance of summary judgment in favor of Excel. We agree that summary judgment should not have been entered, and return the case for trial.

This case arises out of an alleged automobile accident on January 24,2005. Excel claimed that one of its patients was a passenger in the involved automobile, which was insured by Commerce. After conducting an…