Pioneer State Mutual loses frivolous PIP defense

Ronald Borek was hurt when a passing car struck metal debris in the roadway, propelling it into Borek's leg and causing serious injuries.  Borek's truck had been rear-ended by another truck, creating a large debris field on the highway.  Borek was returning to his vehicle after checking on the condition of the other driver, when a passing motorist struck the debris field.  Borek's Personal Injury Protection insurers, Pioneer State Mutual Insurance Company and Acuity Insurance, refused to pay Borek's lost wages and medical expenses, arguing that his injuries "did not arise out of the use of a motor vehicle."  Incredibly, the trial court agreed with this argument and dismissed Borek's claim.  Even the insurer's best friend, Kirsten F. Kelly, found this argument unsustainable, and the Court of Appeals unanimously reversed the lower court and reinstated Borek's claim.