Pope v. Breton

This is an action arising out of a motor vehicle accident on May 15, 1971, in Boston, Massachusetts.

The plaintiff’s declaration is in two counts. The first count is in tort against the defendant Breton for negligence and damages are claimed for loss of earnings not covered under the plaintiff’s personal injury protection policy_ under the provisions of G.L. c. 90, §$ 34Á and 34 M (the so-called no fault statute).

The second count is in contract against the defendant, Royal Indemnity Company. (Royal), the plaintiff’s insurer, for breach of contract alleging that benefits due and payable to the…