Frank v. Massachusetts Insurers Insolvency Fund

Donovan, Elizabeth Bowen, J.

Plaintiff, Jeffrey Frank (“Frank”), filed the complaint seeking declaratory relief against the Massachusetts Insurers Insolvency Fund (“Fund”) and Premier Insurance Company of Massachusetts (“Premier”). Frank moves for summary judgment against the Fund or, in the alternative, against Premier. Premier filed a cross motion for summary judgment. For the reasons set forth below, Frank’s motion for summary judgment is denied and Premiers cross motion for summary judgment is allowed.

BACKGROUND

The undisputed facts are summarized as follows. On March 7, 2001, Frank was…