YORK v. ENCOMPASS INSURANCE COMPANY


2003 Mass. App. Div. 45 (2003)

Douglas J. York v. Encompass Insurance Company

Massachusetts Appellate Division, Northern District.

March 27, 2003.


Attorney(s) appearing for the Case

Jennifer L. Tate for the plaintiff.

Gridley M. Lossee, Jr., for the defendant.

Present: Merrick, P.J., Greco & Wright, JJ.


Greco, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A, appeal by defendant Encompass Insurance Co. ("Encompass") of the denial of its motion for summary judgment and the allowance of the cross-motion filed by plaintiff Douglas J. York ("York"), its insured. The case arose out of York's claim for Personal Injury Protection ("PIP") benefits under his automobile insurance policy with York for a "loss by reason of diminution of earning power," as provided in G.L.c...

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