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LIABILITY INVESTIGATIVE FUND EFFORT v. MASS. MED. PRO.

418 Mass. 436 (1994)

636 N.E.2d 1317

LIABILITY INVESTIGATIVE FUND EFFORT, INC., & others vs. MASSACHUSETTS MEDICAL PROFESSIONAL INSURANCE ASSOCIATION & others (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

July 21, 1994.

Attorney(s) appearing for the Case

Henry Mark Holzer, of New York, for Liability Investigative Fund Effort, Inc., & others.

Michael J. Lacek for Massachusetts Medical Professional Insurance Association.

Eric A. Smith, Assistant Attorney General, for Commissioner of Insurance & another.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

GREANEY, J.

In these consolidated cases, the corporate plaintiff and the individual plaintiffs, on behalf of themselves and others similarly situated, bring constitutional challenges to two statutes relating to the provision of medical malpractice insurance by the Massachusetts Medical Professional Insurance Association (MMPIA). Both St. 1975, c. 362, § 6, as amended by St. 1980, c. 333, and St. 1986, c. 351, provide for payments by malpractice insureds for costs...

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