Ulwick v. Massachusetts Insurers Insolvency Fund

The defendant Massachusetts Insurers Insolvency Fund (Fund), a nonprofit unincorporated entity created by G. L. c. 175D, § 3 (1992 ed.), is obligated to pay covered claims against an insolvent insurer (up to $300,000 per claim) in place of the insolvent insurer. G. L. c. 175D, § 5 (1) (a) and (b) (1992 ed.). “[U nless the context clearly *487requires otherwise,” the term “covered claim” as used in G. L. c. 175D means “an unpaid claim . . . which arises out of and is within the coverage of an insurance policy to which [c. 175D] applies issued by an insurer, if such insurer becomes an insolvent…