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Friday, October 16, 2009

State tries to justify $110m seizure

Kevin Landrigan summarizes yesterday's oral arguments in the JUA Lawsuit.
David Leslie, a Boston lawyer representing Attorney General Michael Delaney, said the policyholders had no vested right to the surplus and the Legislature could take at least some of it to support spending on access to health care.

“Do the policyholders have a vested right? They don’t,’’ Leslie argued.

But Kevin Fitzgerald, lead lawyer for the parties that sued the state, said politicians in Concord took the money without any legal foundation.

‘’You can’t take that which doesn’t belong to you, neither can you supplant the plain contractual rights of others,’’ Fitzgerald answered.

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