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. Action heard in the Haverhill Division by Abany, J.
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 Regional Rehabilitation Associates Management Corp. ("Regional Rehabilitation") a portion of the Personal Injury Protection ("PIP") benefits sought by Regional Rehabilitation ($1,242.75), and denied the balance ($208.25). After Regional Rehabilitation commenced this lawsuit, Arnica ultimately sent it a check for the $208.25 balance.
For the same reasons set forth in our opinion 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 Regional Rehabilitation's motion to amend its complaint. We note that in this case, as in the earlier case, Regional Rehabilitation 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 Regional Rehabilitation.
So ordered.