Golchin v. Liberty Mutual Insurance

In this proceeding we consider whether a claimant may seek medical expense benefits under the “medical payments” coverage (MedPay) of a standard Massachusetts automobile insurance policy (auto policy) where she has already recovered for those expenses under a separate policy of health insurance. Diane Golchin filed suit against Liberty Mutual Insurance Company (Liberty Mutual), both personally and on behalf of a putative class of similarly situated individuals, alleging that *223the company’s failure to disburse MedPay benefits to her constituted a breach of contract, a breach of an implied…