Clark Equipment Co. v. Massachusetts Insurers Insolvency Fund

Abrams,

J. At issue is whether the nonresident insured of an insolvent insurer is entitled to indemnity from the Massachusetts Insurers Insolvency Fund (Fund) for the costs of defending and settling tort claims asserted against the insured by Massachusetts residents. The Fund denied indemnification on the ground that a nonresident insured’s costs are not “covered claim[s]” within the meaning of G. L. c. 175D, § 1 (2) (a) (1994 ed.). The insured, Clark Equipment Company *166(Clark), brought this action for declaratory and other relief. The case was submitted on cross motions for summary judgment. Á…