On July 25, 2011, the Massachusetts Supreme Judicial Court ruled in favor of Diane Golchin in her case against Liberty Mutual Insurance Company. Ms. Golchin had sought to recover medical payments benefits (“MedPay”) from Liberty as a result of injuries suffered in an auto accident, but Liberty Mutual denied her claim on the basis that the medical expenses had already been paid by Ms. Golchin’s health insurer. The Court held that the Worcester Superior Court had erred in dismissing Ms. Golchin’s complaint, and that once an insurer has fully paid out available PIP benefits an insurer cannot withhold MedPay benefits for expenses even though they may have been paid or satisfied by the claimant’s health insurer. The case has been remanded to the Worcester Superior Court, where Ms. Golchin intends to seek class action status. Ms. Golchin is being represented by Attorney Kenneth D. Quat and Attorney Elliot Beresen.
By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
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