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WHEATLEY v. MASSACHUSETTS INSURERS INSOLVENCY FUND

SJC-10510

456 Mass. 594 (2010)

KIRSTEN M. WHEATLEY v. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Plymouth.

April 27, 2010.

Attorney(s) appearing for the Case

Stanley W. Wheatley for the plaintiff.

Joseph C. Tanski (Kurt Mullen with him) for the defendant.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

MARSHALL, C.J.

General Laws c. 176D defines and regulates "unfair methods of competition and unfair or deceptive acts or practices in the business of insurance."2 G. L. c. 176D, § 3. General Laws c. 93A, § 9 (1), in turn, provides, among other things, that a consumer "whose rights are affected by another person violating the provisions of" G. L. c. 176D, § 3 (9), may bring an action...

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