Massachusetts Insurers Insolvency Fund v. Smith

Fabricant, Judith, J.

INTRODUCTION

This cases arises out of an underlying medical malpractice action (the underlying action) filed in the Superior Court.2 The medical provider held professional liability insurance written by an insurer that became insolvent, resulting in potential liability of the Massachusetts Insurers Insolvency Fund (the Fund). The Fund filed this action for declaratory judgment to resolve a controversy regarding the extent of its potential liability for covered claims in the underlying action. Before the Court is the Fund’s motion for summary judgment. For the reasons that…