Irene Morrill: If the rental car is a vehicle insured under a MA BAP then SAFECO is correct one always get PIP from the MA insured vehicle that one is in.
If rental car is NOT insured in MA then SAFECO is incorrect and client goes back to MAP in name or family. And if multiple vehicles in family they all have to share.
MM9911 amendatory language for BAP
B. Who Is An Insured
- You and, if there form of your business under Item One of the Declarations is shown as
an individual, anyone living in your household while:
- "Occupying" a covered "auto"
- "occupying:" an auto which does not have Massachusetts Compulsry Auto
- a "pedestrian" struck by an auto which does not have Massachusetts Compulsory
- Any other person while:
- "occupying" a covered "auto" with your consent;
- a pedestrian injured by a covered "auto" in Massachusetts or any Massachusetts
resident who, while a pedestrian, is struck by a covered "auto" outside of
Which is essentially same language as under MAP
Agent: Thanks Irene,
Of course none of these rental cars are insured in MA
Irene Morrill: Then the MAP pays. And technically all family policies pay a share of the 8,000 limit
We will pay PIP to or for:
- You, or any other person, if injured while occupying your auto with
- You, or anyone living in your household, if injured while occupying
an auto which does not have Massachusetts Compulsory Insurance or if
struck by an auto which does not have Massachusetts Compulsory
I “assume” no PIP deductible
Last paragraph under PIP
If anyone covered under this policy is also entitled to PIP benefits from
any other auto policy, the total benefits payable will not be more than
the highest amount payable under whichever one of the policies would
have paid the most. In that case, each insurer will pay only its
proportionate share. We will not pay benefits under this Part which
duplicate payments made under the No-Fault coverage of any other
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