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GANIAS v. ARBELLA MUTUAL INSURANCE COMPANY

1999 Mass. App. Div. 190 (1999)

Melissa A. Ganias v. Arbella Mutual Insurance Company

Massachusetts Appellate Division, Western District.

August 11, 1999.

Attorney(s) appearing for the Case

Rickie T. Weiner for the plaintiff.

Elizabeth W. Morse for the defendant.

Present: Brennan, Merrigan & Rutberg, JJ.

Rutberg, J.

This matter comes to us as a result of the allowance of defendant/ appellee insurance company's motion for summary judgment in plaintiff/appellant's action for Personal Injury Protection ["PIP"] benefits under appellant's policy of insurance issued by appellee. This appeal also allows us to comment upon the apparent conflict which may exist in two previous Appellate Division cases: Hodnett v. Arbella Mutual Insurance Company,

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