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MASSACHUSETTS INSURERS INSOLVENCY FUND v. SMITH

No. SJC-10673.

458 Mass. 561 (2010)

MASSACHUSETTS INSURERS INSOLVENCY FUND v. KELLEY SMITH, administratrix, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 16, 2010.

Attorney(s) appearing for the Case

Mark D. Robins ( Joseph C. Tanski with him) for the plaintiff.

Daniel P. Neelon for Kelley Smith & others.

Terrance J. Hamilton for Michael Mason.

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

IRELAND, J.

This case concerns the extent of the potential liability, under G. L. c. 175D, of the Massachusetts Insurers Insolvency Fund (Fund) in an underlying medical malpractice action4 brought by members of the Smith family against Michael Mason (doctor), where his insurance company had been declared insolvent. The Fund commenced a civil action seeking a judgment declaring that the maximum...

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