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BOONE v. COMMERCE INSURANCE COMPANY

451 Mass. 192 (2008)

DANIEL BOONE v. COMMERCE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

April 17, 2008.

Attorney(s) appearing for the Case

Nelson G. Apjohn (John P. Donohue & Daniel P. Olohan with him) for the defendant.

Brian W. Murray for the plaintiff.

The following submitted briefs for amici curiae:

E. Michael Sloman for Automobile Insurers Bureau.

Richard Hodyl, Jr., of Illinois, & Myles W. McDonough for Property Casualty Insurers Association of America.

David O. Brink, Bruce Medoff, Erica M.D. Barrie, & Shahan J. Kapitanyan for Amica Mutual Insurance Company & others.

Andre A. Sansoucy for Massachusetts Insurance Federation, Inc.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

IRELAND, J.

This case presents the issue whether G. L. c. 90, § 34M, fourth par., prevents an automobile insurer from terminating personal injury protection (PIP) benefits based on an independent medical examination (IME) of a claimant by a practitioner licensed under a medical specialty different from the specialty of the treating or billing practitioner. A Superior Court judge granted the plaintiff's motion for summary...

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