MASSACHUSETTS INSURERS INSOLVENCY FUND v. BERKSHIRE BANK

SJC-12019.

475 Mass. 839 (2016)

MASSACHUSETTS INSURERS INSOLVENCY FUND v. BERKSHIRE BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 2016.


Attorney(s) appearing for the Case

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

Owen Gallagher ( Gordon Prescott with him) for the defendant.

Present: GANTS, C.J., BOTSFORD, LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.


General Laws c. 175D, § 17 (§ 17), authorizes the Massachusetts Insurers Insolvency Fund (Fund) to recover from "high net worth insureds" certain amounts paid by the Fund "on behalf of" such insureds. G. L. c. 175D, § 17 (3). The Fund brought this action in the Superior Court pursuant to § 17, seeking to recover...

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