Robinson Cole LLP
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Secured Victory Clarifying PIP Coverage Before Massachusetts Appeals Court


Represented a major insurer in successfully defending a Massachusetts Appeals Court appeal confirming that personal injury protection (PIP) coverage requires actual physical contact with a vehicle. Court unanimously agreed that “struck” does not include “near miss” incidents, rejected the plaintiff’s reliance on out-of-state cases, distinguished a Massachusetts Supreme Judicial Court decision, and emphasized that expanding PIP coverage beyond the statutory text is a matter for the legislature. Outcome provided important guidance for insurers and policyholders on PIP coverage. A petition for further appellate review is pending in the Supreme Judicial Court.