Blume v. American Motorist Insurance Co.

NESBITT, Judge.

Blume, the insured commenced this action for a declaratory judgment that the defendant insurance company be required to pay 100% of the insured medical bills— 80% out of available personal injury protection (PIP) coverage and 20% out of available medical payments coverage — even though all available personal injury coverage had not been exhausted. After a non-jury trial, the court entered a judgment in favor of the defendant. We affirm.

The policy in dispute contains separate declarations for medical coverage payment and PIP. Under the PIP benefits, the insurer was required to…