MASSACHUSETTS INS. INSOLVENCY FUND v. CONTINENTAL CAS.


399 Mass. 598 (1987)

506 N.E.2d 118

MASSACHUSETTS INSURERS INSOLVENCY FUND vs. CONTINENTAL CASUALTY COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 1987.


Attorney(s) appearing for the Case

Carol A. Kelly for Continental Casualty Company.

David D. Dowd for the plaintiff.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The case is one of two we decide today concerning the consequences to an apparent excess insurer of the insolvency of the underlying insurer. See Gulezian v. Lincoln Ins. Co., post 606 (1987).

In January, 1977, Irene Reilly allegedly sustained personal injuries as a result of a fall on premises owned by Roy Farr. The Reillys commenced a tort action against Farr in the Superior Court in Essex County. Farr had primary insurance covering...

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