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COMMERCE INSURANCE COMPANY, INC. v. ALVARADO

No. 12-P-1063.

83 Mass. App. Ct. 604 (2013)

COMMERCE INSURANCE COMPANY, INC. v. JULIO ALVARADO & another.

Appeals Court of Massachusetts, Hampden.

May 14, 2013.

Attorney(s) appearing for the Case

Robert A. DiTusa for the defendant.

John F. Hurley, Jr. , for the plaintiff.

Present: CYPHER, KANTROWITZ, & FECTEAU, JJ.

KANTROWITZ, J.

In this appeal, concerning personal injury protection (PIP) benefits, we are faced with the issue whether motorists insured by out-of-State policies are entitled to rights that are superior to those of motorists insured by policies issued in the Commonwealth. We hold that they are not.

Background. On January 17, 2009, David Allen, whose automobile was insured by the plaintiff Commerce...

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