The court, however, found that MIIF is statutorily deemed to be the insurer when it assumes responsibility for a covered claim. Under G.L. c. 175D, § 5(1)(b), MIIF “shall be deemed the insurer to the extent of its obligation on the covered claims and shall have all rights, duties and obligations of the insolvent insurer to such extent.” The court emphasized that this language unambiguously entitles MIIF to seek reimbursements that the original insurer would have been eligible to claim, including for COLA payments under G.L. c. 152, §§ 34B and 65.
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