1999-MBAR-293
Nancy E. Hogan
v.
Berkshire Mutual Insurance Co.
No. WCV972751
Superior Court of Massachusetts
October 5, 1999
Mass. L. Rptr. Cite: 10 Mass. L. Rptr. 565
Venue: Superior Court, Worcester, SS
Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): HILLMAN
INTRODUCTION
Plaintiff Nancy Hogan ("Hogan") brings this action to recover Personal Injury Protection (PIP) Benefits from Defendant Berkshire Mutual Insurance Company ("BMI"). BMI moves for summary judgment pursuant to Mass.R.Civ.P. 56. For the reasons discussed below, BMI's motion is ALLOWED.
BACKGROUND
This case comes to this Court upon removal from the Westborough District Court. On April 7, 1995, Elizabeth King's automobile collided with an automobile operated by Nancy Hogan.1 Berkshire Mutual Insurance company insured this automobile pursuant to a motor vehicle insurance policy that provided for Personal Injury Protection (PIP) benefits in accordance with G.L.c. 90, 34 A-M. On July 20, 1995, and on various dates thereafter, Hogan submitted a claim to BMI for PIP benefits.
At the time of the automobile accident, Hogan had a medical insurance policy with Fallon Community Health Plan ("Fallon"). On July 20, 1995, Hogan submitted an application for PIP benefits to BMI. Hogan, however, did not submit her medical bills and records to BMI until June 7, 1996, approximately one year after she had submitted her application for PIP benefits. Hogan sent these same bills and records to Fallon on June 7, 1996. Fallon declined to provide coverage for any of the medical bills because it had not authorized any of the treatment received by Hogan. BMI paid Hogan a total of $2,845.00 in connection with this treatment.
On October 22, 1996, Hogan filed a complaint alleging that BMI owed her $2,188.50 in accordance with the PIP provisions of the automobile insurance policy. Hogan's complaint further alleged that BMI's failure to pay these expenses entitled her to costs and attorneys fees under G.L.c. 90, 34M. On December 18, 1997, Judge Waickowski of the Westborough District Court entered judgment in favor of BMI. Hogan moved to remove the case to the Superior Court in December 1997.
DISCUSSION
This Court grants summary judgment where there are no genuine issues of material fact and where the summary judgment record entitles the moving party to judgment as a matter of law. Cassesso v....
