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McGOVERN PHYSICAL THERAPY v. METROPOLITAN PROPERTY & CASUALTY INS. CO.

Civil Action No. 10-CV-12003-RGS.

802 F.Supp.2d 306 (2011)

McGOVERN PHYSICAL THERAPY ASSOCIATES, LLC, as assignee of PIP benefits due John Doe, on behalf of itself and all others similarly situated v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY.

United States District Court, D. Massachusetts.

July 29, 2011.

Attorney(s) appearing for the Case

John R. Yasi, Yasi & Yasi, P.C., Kevin J. McCullough, Robert E. Mazow, Mazow McCullough P.C., Salem, MA, Kenneth D. Quat, Quat Law Offices, Cambridge, MA, for Plaintiff.

Garrett J. Harris, Gallagher & Associates, P.C., Malden, MA, Lisa M. Lilly, Lilly, LLC, Steven M. Levy, SNR Denton U.S. LLP, Chicago, IL, Owen Gallagher, Gallagher & Associates, P.C., Boston, MA, for Defendant.

MEMORANDUM AND ORDER ON MOTION TO DISMISS SECOND AMENDED COMPLAINT

STEARNS, District Judge.

Plaintiff McGovern Physical Therapy Associates, LLC (McGovern) brought this lawsuit on behalf of itself and all other assignees of statutory Personal Injury Protection (PIP) benefits paid to insureds whose Massachusetts automobile coverage is underwritten by Metropolitan Property & Casualty Insurance Company (Metropolitan). McGovern contends that Metropolitan...

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