Attorney obtained an Order for Summary Judgment in a claim involving a demand for Personal Injury Protection (PIP) benefits

Attorney obtained an Order for Summary Judgment in a claim involving a demand for Personal Injury Protection (PIP) benefits. Plaintiff was a passenger in a vehicle involved in an accident. Our client insured the driver of the host vehicle. It was undisputed that plaintiff lived with her sister on the date of loss. Because plaintiff was a resident relative, plaintiff's sister's insurance policy afforded primary PIP coverage. However, plaintiff's sister's policy limits were minimal, and she sought to "stack" the benefits with those of the host vehicle. The judge agreed with our position that the stacking of PIP benefits is prohibited and plaintiff's circumstance did not qualify as an exception to the rule.