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AMERICAN MUTUAL LIABILITY INS. CO. v. COMMONWEALTH

379 Mass. 398 (1979)

398 N.E.2d 491

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 26, 1979.

Attorney(s) appearing for the Case

Ronald C. Kidd for the plaintiff.

Richard E. Daly, Special Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

The question presented is whether the plaintiff, American Mutual Liability Insurance Company (American Mutual), the workmen's compensation insurer, is entitled to reimbursement from the Commonwealth's Second Injury Fund (G.L.c. 152, § 37,1 as appearing in St. 1973, c. 855, § 2), where the insurer's claim is based on an injury which occurred prior to the effective date of...

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