Safety Insurance v. Massachusetts Bay Transportation Authority

“Navigating the tortuous twists of automobile insurance law poses a challenge at least equal to that faced by the uninitiated driver on his first foray into the streets of *100Boston.” Cardin v. Royal Ins. Co. of America, 394 Mass. 450, 452 (1985). Taking yet another journey down that twisted road, we examine whether an insurer, Safety Insurance Company (Safety), having paid personal injury protection (PIP) benefits, has the right of subrogation against the Massachusetts Bay Transportation Authority (MBTA). The motion judge concluded that the right of subrogation exists. In the absence of a clear…