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COMMISSIONER OF INS. v. MASS. INSURERS INSOLVENCY FUND

373 Mass. 798 (1977)

370 N.E.2d 1353

COMMISSIONER OF INSURANCE, receiver, vs. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Suffolk.

December 6, 1977.

Attorney(s) appearing for the Case

Edward T. Dangel, III (John G. Hartnett with him) for the plaintiff.

Joseph C. Tanski for the defendant.

Harry H. Caviston (Franklin S. Prizer with him) for the interveners.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

WILKINS, J.

On the central issue in this case, we hold that the Massachusetts Insurers Insolvency Fund (Fund) is not liable to adjusters, appraisers, attorneys, and others who furnished goods or services to Rockland Mutual Insurance Company (Rockland) prior to its insolvency, even if the Fund used those goods or the product of those services in settling Rockland's affairs.

On July 10, 1974, Rockland, a mutual insurance...

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