VOKEY v. MASSACHUSETTS INSURERS INSOLVENCY FUND


381 Mass. 386 (1980)

409 N.E.2d 783

DAVID S. VOKEY & another vs. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Middlesex.

August 28, 1980.


Attorney(s) appearing for the Case

Steven H. Bowen for the plaintiffs.

Joseph B. Bertrand (Stephen L. Mitchell with him) for the defendant.

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


QUIRICO, J.

This is an appeal by the plaintiffs from a judgment of the Superior Court allowing a motion for the defendant, Massachusetts Insurers Insolvency Fund (Fund), to dismiss the action. The question presented is whether an injured person who has recovered under uninsured motorist coverage, because of the insolvency of the tortfeasor's insurer, an amount equal to the Fund's liability, may recover additional amounts from the Fund under the tortfeasor's insurance...

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