Ellis v. Massachusetts Insurers Insolvency Fund

Roach, Christine M., J.

James N. Ellis, Jr. (“Ellis”), seeks payment from the Massachusetts Insurers Insolvency Fund (the “Fund”) to recover costs he incurred in defending, and ultimately settling, an action by St. Paul Fire & Marine Insurance Company (“St. Paul”) brought against him and his law firm. The Fund has filed this motion for partial judgment on the pleadings,1 asserting that it is not obligated to pay Ellis the $200,000 he paid to settle St. Paul’s claim because that claim is not a “covered claim” and thus statutorily excluded from the Fund’s obligations. Following hearing on June…