MacArthur v. Massachusetts Hospital Service, Inc.

The plaintiff seeks a declaration under G. L. c. 231A determining his right to payment for hospital expenses under a contract with the defendant. The case was reserved and reported by a single justice upon the pleadings and a statement of agreed facts.

In 1939 the plaintiff subscribed to the services offered by the defendant, Massachusetts Hospital Service, Inc., better known as the “Blue Cross,” and received a “Subscriber Certificate.” In February, 1961, the plaintiff, a fireman, employed by the City of Gloucester, suffered personal injuries at a fire while performing his duties under the…