211 CMR 3.02 - Exemption from Personal Injury Coverage

Current through Register 1466, April 1, 2022

(1) No insurance company shall be required to provide, in motor vehicle insurance policies covering motorcycles, Personal Injury Protection pursuant to St. 1970, c. 670, for owners, operators or guests of motorcycle owners or operators who incur bodily injury while operating or riding as a guest on such vehicles; provided, however, that such policies shall provide Personal Injury Protection to pedestrians struck by motorcycles; and provided further that such policies shall in all other ways conform to the requirements of M.G.L. c. 90, § 34A and 340, and c. 175, § 113C.
(2) No person who suffers bodily injury while an operator or a guest on a motorcycle shall be entitled to recover damages for such injury through the so-called assigned claims plan or under the Personal Injury Protection coverage of any insurance policy covering any other motor vehicle owned by such person or any member of his or her household.
(3) The exemption provided in 211 CMR 3.02(1) shall not be construed to prohibit owners of motorcycles or members of their household from recovering damages for personal injury under the Personal Injury Protection coverage of a policy covering a motorcycle if:
(a) the damages would be recoverable if the policy were upon a private passenger motor vehicle; and
(b) the injured person was not an operator or a guest upon a motorcycle when the injury occurred.

Notes

211 CMR 3.02
Adopted by Mass Register Issue 1320, eff. 8/26/2016.

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