Amica Mutual Insurance Co. v. Cherwin

CORRECTED OPINION

POLEN, Judge.

Arnica Mutual Insurance Company (Arnica) appeals the final judgment in favor of the plaintiff, Melvin Cherwin, on his claim for personal injury protection (PIP) benefits. We affirm.

On February 14, 1994, Melvin Cherwin, while a pedestrian, was approached by an errant vehicle. In an effort to avoid being struck by the automobile, he dove out of the way and sustained injuries as a result of his evasive actions.

Mr. Cherwin filed a Petition for Declaratory Relief and Damages against his personal injury protection carrier, Amica. Mr. Cher-win’s claim was based on the…