INSURANCE RATING BOARD v. COMMISSIONER OF INSURANCE


358 Mass. 171 (1970)

260 N.E.2d 922

INSURANCE RATING BOARD vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 13, 1970.


Attorney(s) appearing for the Case

Herbert P. Wilkins (Acheson H. Callaghan, Jr., with him) for the Insurance Rating Board.

Walter H. Mayo, III, Assistant Attorney General (James P. Kiernan, Assistant Attorney General, with him), for the Commissioner of Insurance.

Present: CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.


QUIRICO, J.

This is a suit for declaratory relief brought by the Insurance Rating Board (board) to determine whether the Commissioner of Insurance (commissioner) had authority to disapprove and forbid the use of certain insurance rates prior to a hearing on the issue. The case was reserved and reported by the single justice without decision upon the pleadings and a statement of agreed facts.

The board is an insurance...

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