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Sunday, May 3, 2015
SJC holds that Massachusetts Insurers Insolvency Fund is subject to 93A liability
In Wheatley v. Mass. Insurers Insolvency Fund, 456 Mass. 594 (2010), the Supreme Judicial Court of Massachusetts held that the Massachusetts Insurers Insolvency Fund is subject to suits for breach of Mass. Gen. Laws ch. 93A when it breaches Mass. Gen. Laws ch. 176D, § 3(9). (See here for an explanation of the statutory scheme.)
The Insolvency Fund is an entity created by statute to provide insurance coverage when the insurer on the risk is no longer in business.
The court held that it was subject to 93A liability to the same extent as insurance companies because of statutory language of 93A and 176D.
