Newsletter

A RECENT SUPREME JUDICIAL COURT (SJC) DECISION HAS DEFINED HOW HEALTH INSURERS AND AUTOMOBILE INSURERS COORDINATE AND PAY MEDICAL BENEFITS TO VICTIMS OF AUTOMOBILE COLLISIONS. 

IN METROPOLITAN PROPERTY & CASUALTY INS. CO. v. BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, INC.  THE SJC HAS DETERMINED THAT WHEN A PERSON HAS PURCHASED BOTH PERSONAL INJURY PROTECTION (PIP) AND MEDICAL PAYMENTS COVERAGE (MEDPAY), AND ALSO HAS HEALTH INSURANCE COVERAGE, THAT PIP AND MEDPAY COVERAGE ARE PRIMARY FOR PAYING REASONABLE AND NECESSARY MEDICAL BILLS AND ONLY AFTER THOSE COVERAGES ARE EXHAUSTED DO HEALTH BENEFITS APPLY.

FOR EXAMPLE, IF A PERSON PURCHASES $8,000 IN PIP AND ADDITIONAL MEDPAY BENEFITS (FROM $5,000 TO $25,000) ON THEIR MASSACHUSETTS AUTOMOBILE POLICY, AND IS THEN INJURED IN AN AUTOMOBILE COLLISION PIP WILL PAY THE FIRST $8,000 IN BENEFITS, MEDPAY WILL THEN PAY ADDITIONAL MEDICAL BILLS OVER THE $8,000 AND THEN, IN THE EVENT MEDPAY IS EXHAUSTED, HEALTH INSURANCE WILL PAY ADDITIONAL BENEFITS COVERED UNDER THAT POLICY.

THE DECISION IS IMPORTANT BECAUSE NOW HEALTH INSURANCE BENEFITS ARE PAID OUT AFTER AUTOMOBILE INSURANCE BENEFITS ARE EXHAUSTED. SINCE HEALTH INSURANCE COMPANIES ARE ABLE TO RECOVER ALL BENEFITS THEY PAY OUT TO ACCIDENT VICTIMS, THE LIKELIHOOD OF REIMBURSING THEM AT THE TIME OF SETTLEMENT IS DIMINISHED NOW THAT THEY PAY BENEFITS LAST.

Liquor Store Liability

A RECENT DRAM SHOP (LIQUOR LIABILITY) DECISION BY THE MASSACHUSETTS APPEALS COURT EXPANDS THE LIABILITY OF STORE OWNERS WHO SELL ALCOHOL TO MINORS.IN THE CASE OF ZINCK et al v. GATEWAY COUNTRY STORE, INC., et al. THE TEEN DRIVER WHO CAUSED A COLLISION WHICH TOOK THE LIFE OF A PEDESTRIAN WAS NOT THE PERSON WHO PURCHASED THE 30 PACK OF BEER FROM THE DEFENDANT STORE. THE APPEALS COURT FOUND, HOWEVER, THAT THE FATAL COLLISION WAS A FORESEEABLE CONSEQUENCE OF THE SALE TO ANOTHER UNDERAGE CUSTOMER.

THUS, IN THE EVENT THAT A LIQUOR STORE SELLS ALCOHOL TO A MINOR WHO THEN GIVES THAT ALCOHOL TO ANOTHER MINOR WHO SUBSEQUENTLY IS INVOLVED IN A MOTOR VEHICLE COLLISION THE LIQUOR STORE CAN BE HELD LIABLE FOR INJURIES CAUSED BY THAT COLLISION.

THE COURT’S PRAGMATIC APPROACH TO THIS ISSUE SIMPLY RE-EMPHASIZES THE POLICY THAT IT IS NOT UNFORSEEABLE THAT MINORS WHO PURCHASE ALCOHOL WILL PROBABLY SHARE THAT ALCOHOL WITH THEIR PEERS WHO MAY IN TURN INJURE THEMSELVES OR OTHERS.

IF YOU OR SOMEONE YOU KNOW HAS BEEN THE VICTIM OF AN UNDERAGED DRUNK DRIVER CONTACT ATTORNEY CURTIS AT THE LAW OFFICES OF DON N. WEBER & ASSOCIATES FOR A NO OBLIGATION CONSULTATION.