Ferrari v. Toto

The question reported to this court, pursuant to G. L. c. 231, § 111, and Mass.R.Civ.P. 64, 365 Mass. 831 (1974), is whether workmen’s compensation benefits received by Pasquale Ferrari (the intestate of the plaintiff Maria Ferrari) negate, set off or limit the obligation of the Massachusetts Insurers Insolvency Fund (Fund) to pay the plaintiffs’ claims arising out of an accident which occurred in the scope of Pasquale Ferrari’s employment, but was caused by a negligent third party. We hold that the liability of the Fund is reduced by so much as the claimant has received on account of the…