Metro West Medical Associates v. Amica Mutual Insurance

Mass. Dist. Ct., App. Div.

Metro West Medical Associates v. Amica Mutual Insurance

2010 Mass. App. Div. 141

CourtMassachusetts District Court, Appellate Division

DecidedJune 29, 2010

StatusPublished

This text of 2010 Mass. App. Div. 141 (Metro West Medical Associates v. Amica Mutual Insurance) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Metro West Medical Associates v. Amica Mutual Insurance, 2010 Mass. App. Div. 141 (Mass. Ct. App. 2010).

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Opinion

Greco, P.J.

The facts, procedures, and outcomes in this case minor those in Metro West Med. Assocs., Inc. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009. For the same reasons as in that case, defendant Amica Mutual Insurance Company (“Amica”) initially paid plaintiff Metro West Medical Associates, Inc. (“Metro West”) a portion of the Personal Injury Protection (“PIP”) benefits sought by Metro West ($718.62), and denied the balance ($75638). After Metro West commenced this lawsuit, Amica ultimately sent Metro West a check for the $756.38 balance.

For the same reasons set forth in our opinion in the earlier case with the same caption (Metro West Med. Assocs. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009), we affirm both the award of summary judgment to Amica and the denial of Metro [142]*142West’s motion to amend its complaint. We note that in this case, as in the earlier case, Metro West is not barred by a statute of limitations from now bringing an action under G.L.c. 93A Arnica, however, shall now retender a check in the amount of the full balance due that was previously rejected by Metro West.

So ordered.

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Greco, P.J.

The facts, procedures, and outcomes in this case minor those in Metro West Med. Assocs., Inc. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009. For the same reasons as in that case, defendant Amica Mutual Insurance Company (“Amica”) initially paid plaintiff Metro West Medical Associates, Inc. (“Metro West”) a portion of the Personal Injury Protection (“PIP”) benefits sought by Metro West ($718.62), and denied the balance ($75638). After Metro West commenced this lawsuit, Amica ultimately sent Metro West a check for the $756.38 balance.

For the same reasons set forth in our opinion in the earlier case with the same caption (Metro West Med. Assocs. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009), we affirm both the award of summary judgment to Amica and the denial of Metro [142]*142West’s motion to amend its complaint. We note that in this case, as in the earlier case, Metro West is not barred by a statute of limitations from now bringing an action under G.L.c. 93A Arnica, however, shall now retender a check in the amount of the full balance due that was previously rejected by Metro West.

So ordered.

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Bluebook (online)

2010 Mass. App. Div. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metro-west-medical-associates-v-amica-mutual-insurance-massdistctapp-2010.