CLARK EQUIPMENT CO. v. MASSACHUSETTS INSURERS INSOLVENCY FUND


423 Mass. 165 (1996)

CLARK EQUIPMENT COMPANY v. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Suffolk.

July 12, 1996.


Attorney(s) appearing for the Case

Daniel J. Gleason (Erik A. Schmidt with him) for the plaintiff.

Joseph C. Tanski (Joseph C. Marrow with him) for the defendant.

Susan G. Papano, of New York, for United Policyholders, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.


ABRAMS, J.

At issue is whether the nonresident insured of an insolvent insurer is entitled to indemnity from the Massachusetts Insurers Insolvency Fund (Fund) for the costs of defending and settling tort claims asserted against the insured by Massachusetts residents. The Fund denied indemnification on the ground that a nonresident insured's costs are not "covered claim[s]" within the meaning of G. L. c. 175D, § 1 (2) (a) (1994 ed.). The insured, Clark...

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