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GOLCHIN v. LIBERTY MUTUAL INSURANCE COMPANY

No. SJC-11305.

466 Mass. 156 (2013)

DIANE GOLCHIN v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

August 8, 2013.

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.

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

Timothy C. Kelleher , Michael C. Najjar , & J. Michael Conley , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

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

BOTSFORD, J.

This is the second time this court has considered the present case. Again, the issue presented is whether a claimant may seek medical expense benefits under the "medical payments" coverage (MedPay) offered in a standard Massachusetts automobile insurance policy (auto policy) where those expenses were covered and paid under the claimant's separate policy of health insurance. In Golchin v. Liberty Mut...

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