Massachusetts Insurers Insolvency Fund v. Premier Insurance

In these consolidated cases, transferred from the Appeals Court on our own motion, we consider the scope of the obligation of the Massachusetts Insurers Insolvency Fund (Fund) to compensate an individual injured in a motor vehicle accident where the vehicle causing the accident is owned by a governmental entity, a municipality, and is insured by an insurer that becomes insolvent. For the reasons that follow, we conclude that the Fund’s obligation to compensate the injured individual does not arise, if at all, until the individual’s own uninsured motor vehicle (UM) coverage has been exhausted.

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