Driscoll v. Travelers Insurance

I cannot agree with the majority’s holding that a gross loss calculation, rather than a net loss calculation, should be employed in determining the date on which the accrued work loss reached the $15,000 maximum. Contrary to the majority’s assertion, I believe that the legislature’s intent, which can be gleaned from construing the provisions of the No-fault Act in pari materia, was that a net loss analysis be utilized in calculating the date on which the $15,000 mark is reached. I therefore respectfully dissent.

I believe that the primary flaw in the majority’s analysis is that it approaches…