Flanagan v. Liberty Mutual Insurance

We hold that a person covered under the personal injury protection coverage (PIP) of the no-fault motor vehicle insurance law (G. L. c. 90, § 34A) may not recover PIP benefits for lost wages when he is killed instantly in a motor vehicle accident.

The case was presented in the Municipal Court of the City of Boston on a stipulation of facts. The plaintiff was the owner of a motor vehicle insured for the year 1978 by the defendant (insurer) for compulsory motor vehicle insurance (including PIP coverage) and certain other coverages, including medical payments insurance. On December 22, 1978, the…