Vieira v. Schupp

This case comes to us on certification from the United States District Court for the District of Rhode Island of two questions concerning certain provisions of our so called “no-fault” insurance law. In particular, we are concerned with G. L. c. 90, § 34M, and G. L. c. 231, § 6D, inserted by St. 1970, c. 670, §§ 4, 5. SeeS.J.C. Rule 1:03, § 1, as appearing in 382 Mass. 700 (1981).

The questions are as follows:

“1. Under the Massachusetts No-Fault Insurance Law, Mass. Acts 1970, c. 671 [sic], as amended, is plaintiff’s tort action barred, because the personal injury protection benefits she has…