Grueninger v. President & Fellows of Harvard College

The relevant averments of the plaintiff’s amended declaration are these. Prior to March 18, 1958, the defendant “acting in its . . . [proprietary] and private capacity” agreed for a fee to provide medical care and attention to the plaintiff, if needed, pursuant to an insurance plan to which the plaintiff had subscribed. The defendant owned and operated the insurance plan, which “was not a charitable endeavor,” but “was an enterprise entered into by the defendant for profit ... as a commercial venture.” From March 18, 1958, to August 22, 1958, when the agreement was in force, the defendant’s…