Optimum Care Physical Therapy & Rehabilitation, Inc. v. Arbella Mutual Insurance

This matter is before the Appellate Division by way of an expedited appeal pursuant to Dist./Mun. App. Div. R., Rule 8A The motion judge allowed a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Mass. R. Civ. P., Rule 12(b) (6). For the reasons set forth below we affirm the order of dismissal.

Background

The facts, taken from the pleadings, Iannacchino v. Ford Motor Co., 451 Mass. 623 (2008), and as relevant here are as follows.

The plaintiff, Optimum Care Physical Therapy & Rehabilitation, Inc., (Optimum), is a provider of medical services, including,…