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METROPOLITAN PROPERTY AND CASUALTY INSURANCE CO. v. BLUE CROSS AND BLUE SHIELD OF MASS., INC.

SJC-09944.

451 Mass. 389 (2008)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

May 12, 2008.

Attorney(s) appearing for the Case

Glenda H. Ganem (Joseph R. Ciollo with her) for the plaintiff.

Sara A. Walker for the defendant.

The following submitted briefs for amici curiae:

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

Stephen V. Saia for Lawrence Stefanik.

Sarah Messina for Massachusetts Association of Health Plans.

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

BOTSFORD, J.

This case involves a dispute between a motor vehicle insurer and a health insurer over which company should pay for the medical treatment of a common insured who was injured in an automobile accident. The two insurers agree that under G. L. c. 90, § 34A (defining "[p]ersonal injury protection"), the first $2,000 in medical costs are to be paid out of the personal injury protection (PIP) benefits available under the mandatory provisions of the automobile...

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