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DiGIACOMO v. METROPOLITAN PROPERTY

2004 Mass. App. Div. 134 (2004)

Kristen DiGiacomo v. Metropolitan Property and Casualty Insurance Company

Massachusetts Appellate Division, Northern District.

August 30, 2004.

Attorney(s) appearing for the Case

Michael M. Kaplan for the plaintiff.

Cynthia M. Amirault for the defendant.

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

Coven, J.

At issue in this Dist./Mun. Cts. R. A. D. A., Rule 8A, appeal by the defendant is the proper interpretation to be given the G.L.c. 90, §34A term "average weekly wage" in determining the amount of Personal Injury Protection ("PIP") benefits due to the plaintiff for lost wages under G.L.c. 90, §34M and the applicable standard automobile insurance policy.1

The parties filed cross-motions for summary judgment based...

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