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ACTION PHYSICAL THERAPY AND REHABILITATION v. AMICA MUTUAL INSURANCE COMPANY

2003 Mass. App. Div. 127 (2003)

Action Physical Therapy and Rehabilitation v. Amica Mutual Insurance Company v. Frank Archeval

Massachusetts Appellate Division, Western District.

August 20, 2003.

Attorney(s) appearing for the Case

Charles J. Emma for the plaintiff.

James Yesu and William Tait for the defendant.

Present: LoConto, P.J., Brennan & Ripps, JJ.

LoConto, P.J.

The plaintiffs, health care providers,1 brought suit seeking recovery for services rendered to the defendant's insured pursuant to G.L.c. 90, §34M. In a jury waived small claims trial, the trial judge determined that the noncooperation defense created by the statute does not limit a healthcare provider's right to claim a contract between itself and an insurance carrier prior to the carrier's notification

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