Kevin J. McCullough for the plaintiff.
Charles G. Devine, Jr. for the defendant.
GRECO, P.J. The facts, procedures, and outcomes in this case mirror those in Metro West Med. Assocs., Inc. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009. For the same reasons as in that case, defendant Amica Mutual Insurance Company (Amica) initially paid plaintiff Metro West Medical Associates, Inc. (Metro West) a portion of the Personal Injury Protection (PIP) benefits sought by Metro West ($718.62), and denied the balance ($756.38). After Metro West commenced this lawsuit, Amica ultimately sent Metro West a check for the $756.38 balance.
For the same reasons set forth in our opinion in the earlier case with the same caption (Metro West Med. Assocs. v. Amica Ins. Co., App. Div. No. 10-ADMS-10009), we affirm both the award of summary judgment to Amica and the denial of Metro
Wests motion to amend its complaint. We note that in this case, as in the earlier case, Metro West is not barred by a statute of limitations from now bringing an action under G.L. c. 93A. Amica, however, shall now retender a check in the amount of the full balance due that was previously rejected by Metro West.
[Note 1] Doing business as Metro Medical Associates.