About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Syracuse L. Rev. 1135 (1969-1970)
Automobile Insurance: An Analysis of the Massachusetts Plan

handle is hein.journals/syrlr21 and id is 1153 raw text is: AUTOMOBILE INSURANCE: AN ANALYSIS OF THE MASSACHUSETTS PLAN JAMES D. GHIARDI* JOHN J. KIRCHER** INTRODUCTION On August 13, 1970, with the signing of Senate Bill 1580, Massachusetts became the first state to adopt a no-fault plan.' Since the bill does not provide for complete elimination of all tort liability and does not limit recovery to only out-of-pocket losses on a first party basis, it must really be labeled a limited no-fault plan. An outline of the bill's provisions is found in the Appendix to this article. Because of the political turmoil which surrounded the passage and signing of this bill and the repercussions which followed thereafter, it is necessary to take a detached and dispassionate look at the bill to determine what it actually does and also to determine what impact it will have on the automobile accident reparation system in Massachusetts. COMPULSORY FIRST PARTY COVERAGE The bill amends the compulsory automobile insurance law which has been in effect in Massachusetts since 1927, by requiring all motor vehicle liability policies issued in the state to include personal injury protection coverage.2 This is first party insurance which would pay for medical, hospital and related expenses, and work loss up to a limit of $2,000. In addition, the bill provides that work loss payments paid under the plan, when added to wage continuation benefits payable from collateral sources, may not exceed seventy-five per cent of the wages actually lost. The persons who would be insured under the personal injury protection coverage would be the named insured, members of his household, authorized operators and passengers in the insured vehicles and pedestrians struck by the insured vehicle.4 Not covered by the plan would be those persons who are * Professor of Law, Marquette University Law School; Research Director, Defense Research Institute; President, State Bar of Wisconsin. ** Associate Research Director, Defense Research Institute; Member, State Bar of Wisconsin. I. Puerto Rico has had a no-fault plan in operation since January 1, 1970. It is a limited plan in that it abolishes tort recoveries for only the first $2000 of out-of-pocket loss and $1000 of pain and suffering. 2. MAss. ACTS 1970, ch. 670, § 4, derived from Massachusetts Senate Bill 1580, § 4 (August 13, 1970). 3. Id. § 2. 4. Id. 1135

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most