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MASSACHUSETTS INSURERS INSOLVENCY FUND v. SAFETY INSURANCE COMPANY

439 Mass. 309 (2003)

MASSACHUSETTS INSURERS INSOLVENCY FUND v. SAFETY INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 2003.

Attorney(s) appearing for the Case

Kevin M. Truland for the defendant.

David B. Mack (Joseph C. Tanski with him) for the plaintiff.

Michael P. Roche, for Nichole Bruton, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

COWIN, J.

Safety Insurance Company (Safety) appeals from the grant of summary judgment to the plaintiff, the Massachusetts Insurers Insolvency Fund (Fund). On cross motions for summary judgment, a judge in the Superior Court decided that Safety was required to pay to its policyholder uninsured motor vehicle benefits because the operator of the vehicle that struck him was uninsured, even though the owner of that vehicle carried insurance. Safety appealed and we granted...

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