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GOLCHIN v. LIBERTY MUTUAL INSURANCE COMPANY

SJC-10794.

460 Mass. 222 (2011)

DIANE GOLCHIN v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

July 25, 2011.

Attorney(s) appearing for the Case

Kenneth D. Quat ( Elliot Beresen with him) for the plaintiff.

Myles W. McDonough ( Christopher M. Reilly with him) for the defendant.

Kimberly E. Winter , J. Michael Conley , & Michael C. Najjar , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

E. Michael Sloman , for Automobile Insurers Bureau, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, & DUFFLY, JJ.

SPINA, J.

In this proceeding we consider whether a claimant may seek medical expense benefits under the "medical payments" coverage (MedPay) of a standard Massachusetts automobile insurance policy (auto policy) where she has already recovered for those expenses under a separate policy of health insurance. Diane Golchin filed suit against Liberty Mutual Insurance Company (Liberty Mutual), both personally and on behalf of a putative class of similarly situated individuals...

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