Ganias v. Arbella Mutual Insurance

This matter comes to us as a result of the allowance of defendant/ appellee insurance company’s motion for summary judgment in plaintiff/appellant’s action for Personal Injury Protection [“PIP”] benefits under appellant’s policy of insurance issued by appellee. This appeal also allows us to comment upon the apparent conflict which may exist in two previous Appellate Division cases: Hodnett v. Arbella Mutual Insurance Company, 1996 Mass. App. Div. 131 [Northern District]; and Iaconi-Young v. Arbella Mutual Insurance Company, 1998 Mass. App. Div. 63 [Western District].

The facts are largely…