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RISK MGMT. FOUND. OF HARVARD MED. INST. v. COMMR. INS.

407 Mass. 498 (1990)

554 N.E.2d 843

THE RISK MANAGEMENT FOUNDATION OF THE HARVARD MEDICAL INSTITUTIONS, INCORPORATED, & others vs. COMMISSIONER OF INSURANCE & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 23, 1990.

Attorney(s) appearing for the Case

William A. Horne for Massachusetts Hospital Association, Inc.

Nancy E. Ator (Andrew C. Pickett with her) for Risk Management Foundation of the Harvard Medical Institutions, Inc., & others.

Acheson H. Callaghan, Jr., for Medical Malpractice Joint Underwriting Association of Massachusetts, intervener.

Richard M. Brunell, Assistant Attorney General (Mark H. Leymaster, Assistant Attorney General, with him) for the Commissioner of Insurance.

Present: LIACOS, C.J., ABRAMS, NOLAN, & LYNCH, JJ.

LIACOS, C.J.

In these consolidated cases, we must determine who may be liable under the recoupment provisions of St. 1975, c. 362, § 6, the statute which established the Joint Underwriting Association (JUA). The Centers claim that the Commissioner of Insurance (Commissioner) erroneously decided that all Massachusetts licensed physicians and hospitals, whether or not they are insured by the JUA, may be liable for the recoupment of any deficits sustained by the...

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