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PINHEIRO v. MED. MALPRACTICE JOINT UNDERWRITING ASS'N

406 Mass. 288 (1989)

547 N.E.2d 49

EDWARD PINHEIRO & others vs. THE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden, Suffolk.

December 14, 1989.

Attorney(s) appearing for the Case

Acheson H. Callaghan (Steven L. Schreckinger with him) for the defendant.

Michael E. Mone (Rhonda J. Traver with him) for Agnes P. O'Connor, administratrix, and others.

Steven L. Hoffman for the plaintiffs.

James L. Ackerman, David B. Broughel & Kathryn A. O'Leary, for American Universal Insurance Company & another, amici curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

In these cases, we are called on to decide the scope of a limitation of liability provision in a medical malpractice insurance policy issued by The Medical Malpractice Joint Underwriting Association of Massachusetts (JUA). The provision in question reads as follows:

"The limit of liability stated in the declarations as applicable to `each claim' is the limit of the company's liability for loss resulting from any one claim or suit or all claims...

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