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POZNIK v. MASSACHUSETTS MEDICAL PROFESSIONAL INS. ASS'N

417 Mass. 48 (1994)

628 N.E.2d 1

JEAN ELSON POZNIK & another vs. MASSACHUSETTS MEDICAL PROFESSIONAL INSURANCE ASSOCIATION.

Supreme Judicial Court of Massachusetts, Worcester.

February 10, 1994.

Attorney(s) appearing for the Case

Daniel J. Johnedis for the plaintiffs.

Steven L. Schreckinger for the defendant.

Michael E. Mone, Elizabeth N. Mulvey, Jerry E. Benezra & Anthony Tarricone, for Massachusetts Bar Association & another, amici curiae, submitted a brief.

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

ABRAMS, J.

The question presented is whether the defendant, the Massachusetts Medical Professional Insurance Association (MMPIA), is engaged in the "business of insurance" or "trade or commerce" within the meaning of G.L.c. 176D, § 3 (1992 ed.), and G.L.c. 93A (1992 ed.). General Laws c. 176D regulates trade practices in the insurance industry. General Laws c. 93A, known as the Consumer Protection Act, regulates business...

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