Massachusetts Insurers Insolvency Fund v. Berkshire Bank

Botsford, I.

General Laws c. 175D, § 17 (§ 17), authorizes the Massachusetts Insurers Insolvency Fund (Fund) to recover from “high net worth insureds” certain amounts paid by the Fund “on behalf of such insureds. G. L. c. 175D, § 17 (3). The Fund brought this action in the Superior Court pursuant to § 17, seeking to recover from the defendant Berkshire Bank (Berkshire), an entity that meets the definition of “high net worth insured,” workers’ compensation benefits it has paid to a Berkshire employee. Ruling on cross motions for summary judgment, a judge of that court interpreted § 17 (3) to…