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DOMINGUEZ v. LIBERTY MUTUAL INSURANCE COMPANY

429 Mass. 112 (1999)

RALPH DOMINGUEZ v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1999.

Attorney(s) appearing for the Case

Caroline M. O'Brien for the plaintiff.

Robert G. Taylor (David R. Cain with him) for the defendant.

Edwin L. Wallace & Michael Najjar for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

David I. Finnegan & John G. Ryan, for Domestic Automobile Insurers of Massachusetts, Inc., & another, amici curiae, submitted a brief.

Present: WILKINS, C.J., LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

GREANEY, J.

We are concerned in this case with an interpretation of personal injury protection (PIP) coverage, G. L. c. 90, § 34A, the no-fault motor vehicle insurance law. The question is whether, under the last paragraph of § 34A, an automobile insurer must pay for medical expenses between $2,000 and $8,000 as PIP benefits, if the claimant's health insurer would have covered the medical services had the claimant sought

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