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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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