DIGIACOMO v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY

No. 05-P-525.

66 Mass. App. Ct. 343 (2006)

KRISTEN DIGIACOMO v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

May 24, 2006.


Attorney(s) appearing for the Case

Glenda H. Ganem for the defendant.

Michael M. Kaplan for the plaintiff.

Present: Kantrowiz, Cohen, & Graham, JJ.


COHEN, J.

The plaintiff, Kristen DiGiacomo, filed this action pursuant to G. L. c. 90, § 34M, to enforce her right to the payment of personal injury protection (PIP) benefits under a Massachusetts automobile policy issued by the defendant, Metropolitan Property & Casualty Insurance Company (Metropolitan). Metropolitan did not dispute DiGiacomo's entitlement to PIP benefits, but calculated them differently from DiGiacomo. On the parties' cross motions for...

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