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MEYERS v. BAY STATE HEALTH CARE, INC.

414 Mass. 727 (1993)

610 N.E.2d 303

ELEANOR MEYERS vs. BAY STATE HEALTH CARE, INC.

Supreme Judicial Court of Massachusetts, Essex.

April 6, 1993.

Attorney(s) appearing for the Case

Sander A. Rikleen (Sally A. VanderWeele with him) for the defendant.

Mary P. Harrington for the plaintiff.

William T. McGrail & Dorothy Grandolfi Wagg, for Massachusetts Hospital Association, Inc., amicus curiae, submitted a brief.

James M. Kessler, Gerard A. Zitoli & F. Elizabeth Stoll, for Health New England, Inc., & others, amici curiae, submitted a brief.

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

ABRAMS, J.

The defendant, Bay State Health Care, Inc. (Bay State), appeals from a declaration that the proceeds the plaintiff, Eleanor Meyers, received from her underinsurance coverage, see G.L.c. 175, § 113L (1990 ed.), were not subject to the statutory lien provided to health maintenance organizations by G.L.c. 111, § 70A (1990 ed.). The judge wrote a comprehensive memorandum of decision and declared that Meyers...

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