Edwards v. Bonneville Automobile Insurance

This is an action on an insurance contract. The issue is whether defendant, as the insurer of a vehicle in which plaintiff was a passenger, is entitled to offset personal injury protection (PIP) benefits paid to plaintiff against the bodily injury liability limits of its insured’s policy. After a trial to the court, the court found in favor of defendant and dismissed plaintiffs complaint. We affirm.

Plaintiff, a passenger in a car driven by defendant’s insured, was injured in a one-car accident. Plaintiffs injuries resulted in stipulated special damages of $11,000 ($5,000 medical and $6,000…