Opinion
June 29, 2010.
Present: Greco, P.J., Coven Brant, JJ.
Insurance, "Personal injury protection" benefits.
Practice, Civil, Motion to amend complaint.
Opinion affirming summary judgment for defendant and denial of plaintiff's motion to amend complaint.
Kevin J. McCullough for the plaintiff.
Charles G. Devine, Jr., for the defendant.
The facts, procedures, and outcomes in this case minor those in Metro West Med Assocs., Inc v. Arnica Ins Co., App. Div. No. 10-ADMS-10009. For the same reasons as in that case, defendant Arnica Mutual Insurance Company ("Arnica") 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, Arnica 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. Arnica Ins Co., App. Div. No. 10-ADMS-10009), we affirm both the award of summary judgment to Arnica and the denial of Metro West'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.