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| Case Name | Massachusetts Care Self-Insurance Group v. Massachusetts Insurers Insolvency Fund | |
|---|---|---|
| Date | 11/12/2010 | |
| Note | A self-insured group is not entitled to file claims against the Insurers Insolvency Fund for coverage that its insolvent excess insurer would have provided, because the Legislature did not intend for the fund to provide coverage for members of the insurance industry. | |
| Citation | SJC-10652 | |
| WCC Citation | WCC 632010 MA |
This case requires us to determine whether a claim filed with the Massachusetts Insurers Insolvency Fund (Fund) by a workers' compensation self-insurance group is a "[c]overed claim" within the meaning of G. L.c.175D, § 1(2). Massachusetts Care Self-Insurance Group, Inc.(Mass Care), a workers' compensation self-insurance group established under G. L.c.152, §§ 25E-25U, sought recovery from the Fund in respect of certain excess and reinsurance policies issued by Mass Care's insolvent insurer, Reliance National Indemnity Company (Reliance). Wheatley v.Massachusetts Insurers Insolvency Fund, 456 Mass. 594, 596-597 n.4 (2010), quoting Barrett v.Massachusetts Insurers Insolvency Fund, 412 Mass. See Ulwick v.Massachusetts Insurers Insolvency Fund, 418 Mass.
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