Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Citation
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Parent Document
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2019-02-13
Other Sections in This Document (11)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
Full Text
1,075 charsIn the light most favorable to Progressive, the jurors could have found the following relevant facts. By letter dated May 12, 2011, Attorney John H. Molloy advised Progressive that he represented three individuals, including Gelibert, relative to injuries they sustained in a motor vehicle accident that took place on March 25, 2011, and that a claim was being made for PIP benefits. By letter of July 1, 2011, Progressive notified Molloy that an examination under oath (EUO) of his clients was scheduled to take place on July 18, 2011.3 Gelibert did not appear on July 18, 2011. By letter dated July 19, 2011, Progressive notified Molloy that Gelibert's EUO was rescheduled to September 14, 2011. Gelibert again did not appear on September 14, 2011. By letter dated November 3, 2011, Progressive notified Molloy that Gelibert would be given a final opportunity to submit to an EUO on November 28, 2011. After Gelibert failed to appear, Progressive notified Molloy, by letter dated December 2, 2011, that Gelibert's claim for PIP benefits was being denied for noncooperation.