GANIAS v. ARBELLA MUTUAL INSURANCE COMPANY


2000 Mass. App. Div. 184 (2000)

Melissa A. Ganias v. Arbella Mutual Insurance Company

Massachusetts Appellate Division, Western District.

June 23, 2000.


Attorney(s) appearing for the Case

Rickie T. Weiner for the plaintiff.

Elizabeth W. Morse for the defendant.

Present: Brennan, Merrigan & Rutberg, JJ.


Rutberg, J.

This case involves the denial of Personal Injury Protection [hereinafter "PIP"] coverage to an insured party [this "plaintiff'] who failed to cooperate with her insurance carrier's [this "defendant"] request to participate in an independent medical examination [hereinafter "IME"], which is allowed by statute and contract. In a prior case involving these same parties, we decided that plaintiffs failure "... to attend a reasonably scheduled IME was rightly...

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