Opinion
C.A. No. 04C-03-018 THG.
October 11, 2005.
Cynthia G. Beam, Esquire, Reger, Rizzo, Kavulich Darnall, LLP, Wilmington, DE.
Bruce A. Rogers, Esquire Bruce A. Rogers Associates, Georgetown, DE.
Dear Counsel:
Defendant has moved for partial summary judgment seeking to preclude Plaintiff from introducing medical bills that would normally be paid by PIP coverage.
The defense motion is brief and perhaps assumes the Court knows more than it does. If Plaintiff has insurance coverage, then the Defendant may be correct; but the defense has not presented the Court with anything as to coverage other than what the owner of the motorcycle expected or believed his coverage to be. Hopes and beliefs do not equate to coverage.
Since the Defendant has not established that the Plaintiff, as the operator of another person's motorcycle, had the necessary coverage, the Motion must be denied.