Gianely v. Travelers Insurance Companies

This is an action for breach of contract arising from the defendant-insurer’s denial of the plaintiff’s claim for Personal Injury Protection (“PIP”) benefits under the uninsured motorists provision of a motor vehicle policy issued to the plaintiff’s mother by the defendant. The defendant contended that the plaintiff was not covered by his mother’s policy because he was not “living in” his mother’s “household” at the time he sustained his injuries.1

Both parties filed Dist./Mun. Cts. R. Civ. P, Rule 56 motions for summary judgment. After hearing, the court allowed the plaintiff’s motion and…