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N.E. PHYSICAL THERAPY PLUS, INC. v. LIBERTY MUTUAL INSURANCE COMPANY

No. SJC-11284.

466 Mass. 358 (2013)

N.E. PHYSICAL THERAPY PLUS, INC. v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

September 10, 2013.

Attorney(s) appearing for the Case

Daniel P. Tighe ( Douglas R. Tillberg with him) for the defendant.

Francis A. Gaimari ( Stephen B. Byers with him) for the plaintiff.

The following submitted briefs for amici curiae:

E. Michael Sloman for Automobile Insurers Bureau.

Peter A. Biagetti & Andrew Nathanson for Fair Health, Inc.

Paul R.Q. Wolfson , Shirley Cassin Woodward , & Dina B. Mishra, of the District of Columbia, & John J. Regan & Mark C. Fleming for American Insurance Association & others.

David L. Arrington & Jodi L. Howick , of Utah, & Todd S. Holbrook & Jeffrey D. Adams for Mitchell International, Inc.

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

LENK, J.

After being billed by the plaintiff, N.E. Physical Therapy Plus, Inc. (NEPT), for certain medically necessary chiropractic services provided to the passenger of its insured, the defendant, Liberty Mutual Insurance Company (Liberty Mutual), maintained that the cost of those services was unreasonably high and thus refused to pay the full amount invoiced.1 At the ensuing trial on the dispute, Liberty Mutual sought to introduce statistical...

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