Dominguez v. Liberty Mutual Insurance

We are concerned in this case with an interpretation of personal injury protection (PIP) coverage, G. L. c. 90, § 34A, the no-fault motor vehicle insurance law. The question is whether, under the last paragraph of § 34A, an automobile insurer must pay for medical expenses between $2,000 and $8,000 as PIP benefits, if the claimant’s health insurer would have covered the medical services had the claimant sought *113treatment in accordance with his health insurer’s plan. We conclude that the automobile insurer is not required to make such payments.

The facts are undisputed. On March 23, 1994, the…