Kratzer v. Liberty Mutual Insurance

This is a Dist./Mun. Cts. R. A. D. A, Rule 8A, expedited appeal of the allowance of summary judgment, on the basis of Fascione v. CNA Ins. Cos., 435 Mass. 88 (2001), in favor of the defendant-insurer on the plaintiff-physician’s G.L.c. 90, §34M claim for unpaid medical bills.

It is undisputed that the plaintiff, Dr. Joseph H. Kratzer, is a licensed physician who provided medical treatment to Christine Johnston (“Johnston”) for injuries she sustained in an automobile accident. The vehicle in which Johnston was riding was insured under a standard Massachusetts automobile insurance policy…