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MASS. MOTOR VEHICLE REINS. FACILITY v. COMM. OF INS.

379 Mass. 527 (1980)

400 N.E.2d 221

MASSACHUSETTS MOTOR VEHICLE REINSURANCE FACILITY & others vs. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 16, 1980.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Scott P. Lewis with him) for the plaintiffs.

Edward T. Dangel, III, & Michael K. Mattchen for the receiver.

Joseph C. Tanski for the Massachusetts Insurers Insolvency Fund.

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

QUIRICO, J.

This case requires a determination of the respective rights of a State insurers' insolvency fund and the receiver of an insolvent insurance company to proceeds from a statutory reinsurance plan which are owed to the insolvent insurer by the plaintiff, Massachusetts Motor Vehicle Reinsurance Facility (Facility). The plaintiffs seek a judgment under G.L.c. 231A, declaring whether the proceeds which the Facility would pay to the Rockland Mutual Insurance...

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