Insurer secures summary disposition of case seeking motorcycle medical benefits
Lewis Maley was hurt in a motorcycle accident that didn't involve a car. As a result, he did not receive No Fault PIP benefits (medical and limited wages and household services). He sued AAA, alleging that he had asked the agent for "full coverage" and believed he had bought medical benefits.
The trial judge summarily dismissed Maley's complaint and the Court of Appeals affirmed. It held that the policy, when Maley received it, clearly included the statement "MEDICAL BENEFITS--NOT INCLUDED." Further, he paid no premium attributable to medical coverage, and his mother's affidavit alluding to the request for "full coverage" was deemed to be so vague as to be "meaningless" and contradicted by her deposition testimony.