Massachusetts Care Self-Insurance Group, Inc. v. Massachusetts Insurers Insolvency Fund

Troy, Paul E., J.

The plaintiff, Massachusetts Care Self-Insurance Group, Inc. (“MCSIG”), sought payment from the defendant, Massachusetts Insurers Insolvency Fund (“Fund”), on insurance policies its insolvent insurer had issued. After the Fund denied MCSIG’s requests, MCSIG commenced this action pursuant to G.L.c. 231A, essentially seeking a declaration that MCSIG is not excluded from the Fund’s obligation under G.L.c. 175D to pay the claims of insolvent insurers. The case is before this court on MCSIG’s motion for partial summary judgment and on the Fund’s cross motion for summary judgment.…