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MASSACHUSETTS INSURERS INSOLVENCY FUND v. BERKSHIRE BANK

SJC-12019.

475 Mass. 839 (2016)

MASSACHUSETTS INSURERS INSOLVENCY FUND v. BERKSHIRE BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 2016.

Attorney(s) appearing for the Case

Gregory P. Deschenes (Kurt Mullen with him) for the plaintiff.

Owen Gallagher (Gordon Prescott with him) for the defendant.

Present: GANTS, C.J., BOTSFORD, LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

General Laws c. 175D, § 17 (§ 17), authorizes the Massachusetts Insurers Insolvency Fund (Fund) to recover from "high net worth insureds" certain amounts paid by the Fund "on behalf of" such insureds. G. L. c. 175D, § 17 (3). The Fund brought this action in the Superior Court pursuant to § 17, seeking to recover...

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