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Where a defendant auto insurer refused to pay a plaintiff insured medical expense benefits because those expenses had already been paid for by the plaintiff's health insurer, the defendant is not entitled to dismissal of the plaintiff's complaint for breach of contract and violation of G.L.c. 93A.
"This case presents the question of whether an insurer has an obligation to pay its insured medical expense benefits under the 'medical payments' ('MedPay') provision of an auto policy even though those expenses have already been paid for by the insured's own health insurance. The defendant Amica Mutual Insurance Company (Amica) refused to do so with its own insured, plaintiff Meredith Bonin. ...
"In support of the motion, Amica relies on Golchin v. Liberty Mutual Insurance Co., 460 Mass. 222 (2011) (Golchin I) and an earlier decision by the Appeals Court, Mejia v. American Casualty Co., 55 Mass. App. Ct. 461 (2003). As here, the...