Vokey v. Massachusetts Insurers Insolvency Fund

This is an appeal by the plaintiffs from a judgment of the Superior Court allowing a motion for the defendant, Massachusetts Insurers Insolvency Fund (Fund), to dismiss the action. The question presented is whether an injured person who has recovered under uninsured motorist coverage, because of the insolvency of the tortfeasor’s insurer, an amount equal to the Fund’s liability, may recover additional amounts from the Fund under the tortfeasor’s insurance policy. The parties presented the appeal to the Ap peals Court upon an agreed statement of the case in lieu of a record on appeal. Mass. R.…