PROVENZANO v. PLYMOUTH ROCK ASSURANCE CORPORATION


2006 Mass. App. Div. 155 (2006)

Michael Provenzano, D.C. v. Plymouth Rock Assurance Corporation.

Massachusetts Appellate Division, Northern District.

September 28, 2006.


Attorney(s) appearing for the Case

Francis A. Gaimari for the plaintiff.

Jason T. Stopa for the defendant.

Present: Greco, P.J., Coven & Curtin, JJ.


Coven, J.

The plaintiff, a health care provider, brought suit against the defendant seeking recovery pursuant to G.L.c. 90, §34M for services provided to the defendant's insured. The trial court found that the noncooperation of the insured relieved the defendant of liability for the claim, and entered judgment for the defendant.

On July 4, 2003, Carlos Santiago ("Santiago") was involved in an automobile accident in Lawrence, Massachusetts. The vehicle...

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