Excel Physical Therapy, Inc. v. Commerce Insurance

Excel Physical Therapy, Inc. (“Excel”) commenced this G.L.c. 90, §34M action to recover Personal Injury Protection (“PIP”) payments for chiropractic services it provided to a female patient (“Hayes”). Hayes claimed that she sustained the injuries that Excel treated in a motor vehicle accident while riding as an occupant in an automobile insured by defendant Commerce Insurance Company (“Commerce”). Commerce denied the claim on the ground that Hayes was not occupying its insured’s vehicle at the time of the two-vehicle accident in question because the sole occupant of its insured’s vehicle was…