Massachusetts Insurers Insolvency Fund v. Smith
Massachusetts Supreme Judicial Court
1Opinion of the CourtIreland, J.
This case concerns the extent of the potential liability, under G. L. c. 175D, of the Massachusetts Insurers Insolvency Fund (Fund) in an underlying medical malpractice action 4 brought by members of the Smith family against Michael Mason (doctor), where his insurance company had been declared insolvent. The Fund commenced a civil action seeking a judgment declaring that the maximum total amount for which it potentially could be liable was the statute’s cap of $299,999. The Fund moved for summary judgment. A Superior Court judge denied the motion, concluding that the language of G. L. c.…
2Cases cited27 opinions
- Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
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- Cody v. Connecticut General Life InsuranceMassachusetts Supreme Judicial Court · 1982
- Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934
- Bronstein v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1984
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