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LIAB. INVESTIGATIVE FUND EFFORT v. MED MALPRACTICE JT.

409 Mass. 734 (1991)

569 N.E.2d 797

LIABILITY INVESTIGATIVE FUND EFFORT, INC., & others vs. MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS, & others (and a consolidated case).

Supreme Judicial Court of Massachusetts, Hampden.

April 10, 1991.

Attorney(s) appearing for the Case

Henry Mark Holzer of New York (Rebecca J. Wilson & Cheri L. Crow with him) for Liability Investigative Fund Effort, Inc., & others.

Richard M. Howland for Robert S. Slocum.

Richard M. Brunell, Assistant Attorney General, for the Commonwealth & another.

Michael J. Lacek (Geoffrey E. Hobart with him) for Medical Malpractice Joint Underwriting Association of Massachusetts.

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

ABRAMS, J.

This case raises the question whether Massachusetts physicians who have been affected by certain malpractice insurance rate regulations promulgated by the Commissioner of Insurance (commissioner) may maintain an action in the Superior Court for declaratory and equitable relief. The judge in the Superior Court dismissed the plaintiffs' complaints, holding that exclusive jurisdiction over their claims lies with...

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