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HEALTH PLANS, INC. v. NEW YORK LIFE INS. CO.

Civ. A. No. 91-40022-NMG.

898 F.Supp. 941 (1995)

HEALTH PLANS, INC., and Freedom Care, Inc., Plaintiffs, v. NEW YORK LIFE INSURANCE CO., Defendant and Third-Party Plaintiff, v. SENTRY LIFE INSURANCE CO., Third-Party Defendant.

United States District Court, D. Massachusetts.

September 18, 1995.

Attorney(s) appearing for the Case

Dennis Pojani, MacCarthy, Pojani & Hurley, Worcester, MA, Philip J. MacCarthy, MacCarthy, Pojani & Hurley, Worcester, MA, for Health Plans Inc. and Freedom Care, Inc.

Sarah C. Columbia, A. Hugh Scott, Choate, Hall & Stewart, Boston, MA, for New York Life Insurance Company.

Gerard R. Laurence, Milton, Laurence & Dixon, Worcester, MA, Kenneth P. Borden, Higgins, Cavanagh & Cooney, Providence, RI, for Sentry Life Insurance Company.

MEMORANDUM AND ORDER

GORTON, District Judge.

The plaintiffs, Health Plans, Inc. ("Health Plans") and Freedom Care, Inc. ("Freedom Care"), bring this action against the defendant, New York Life Insurance Company ("New York"), claiming breach of contract, breach of implied covenants of fair dealing, fraud and violations of M.G.L. c. 93A. New York has counterclaimed against Health Plans for breach of contract, violations of M.G.L. c. 93A and libel.

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