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HATHAWAY v. COMMISSIONER OF INSURANCE

379 Mass. 551 (1980)

399 N.E.2d 862

ROBERT HATHAWAY & others vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 21, 1980.

Attorney(s) appearing for the Case

Susan F. Brand for the plaintiffs.

Paul W. Johnson, Assistant Attorney General, for the Commissioner of Insurance.

Jeffrey Swope for Blue Shield of Massachusetts, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & LIACOS, JJ.

BRAUCHER, J.

The plaintiffs represent subscribers to group medical insurance plans with Blue Shield of Massachusetts, Inc. (Blue Shield). They allege that the Commissioner of Insurance (Commissioner), without a hearing, approved certain increases in the fees to be paid to physicians and other health care providers and in the rates to be charged to group subscribers. Later the Commissioner denied the plaintiffs' request for...

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