DiGiacomo v. Metropolitan Property & Casualty Insurance

The plaintiff, Kristen DiGiacomo, filed this action pursuant to G. L. c. 90, § 34M, to enforce her right to the payment of personal injury protection (PIP) benefits under a Massachusetts automobile policy issued by the defendant, Metropolitan Property & Casualty Insurance Company (Metropolitan). Metropolitan did not dispute DiGiacomo’s entitlement to PIP benefits, but calculated them differently from DiGiacomo. On the parties’ cross motions for summary judgment, a judge of the District Court ruled that DiGiacomo’s calculation was correct, and that she was entitled to receive $627 in PIP…