California Plant Protection, Inc. v. Zayre Corp.

This appeal has to do with the statute creating and regulating the Massachusetts Insurers Insolvency Fund (the Fund),2 G. L. c. 175D. The case comes to us on *628cross motions for summary judgment on the third-party complaint of California Plant Protection, Inc. (CPP), against the third-party defendants, see note 1, supra (collectively TJX); the judge of the Superior Court allowed the motion of TJX and denied the motion of CPP. Both parties appealed from the final judgment. We vacate the judgment and remand the case to the Superior Court.

The undisputed, material facts are these. In 1987, Michael…