FASCIONE v. CNA INSURANCE COMPANIES


1997 Mass. App. Div. 132 (1997)

Antonette Fascione v. CNA Insurance Companies

Massachusetts Appellate Division, Northern District.

August 22, 1997.


Attorney(s) appearing for the Case

Francis A. Gaimari for the plaintiff.

Alice Olsen Mann for the defendant.

Present: Sherman, P.J., Coven & Curtin, JJ.


Coven, J.

This is a G.L.c. 90, §34M action in contract to recover Personal Injury Protection ("PIP") benefits from the defendant-insurer. The trial court entered summary judgment for the defendant, and the plaintiff has appealed pursuant to Dist./Mun. Cts. RADA, Rule 8C.

On December 2, 1994, the plaintiff was injured while driving a motor vehicle insured by the defendant. The plaintiff submitted a completed application for PIP benefits to the defendant...

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