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WHEATLEY v. MASSACHUSETTS INSURERS INSOLVENCY FUND

No. SJC-11211.

465 Mass. 297 (2013)

KIRSTEN M. WHEATLEY v. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Plymouth.

May 31, 2013.

Attorney(s) appearing for the Case

Kurt M. Mullen ( Gregory P. Deschenes with him) for the defendant.

Stanley W. Wheatley for the plaintiff.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

This is the second time the court has considered the present case, which concerns the application of the consumer protection act, G.L. c. 93A (c. 93A), to the Massachusetts Insurers Insolvency Fund (insolvency fund, or fund). In Wheatley v. Massachusetts Insurers Insolvency Fund, 456 Mass. 594, 596 (2010) (Wheatley I), we held that the insolvency fund was subject "to consumer actions brought pursuant...

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