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MASS. AUTO. RATING & ACC. PREVENTION BUREAU v. COMMR.

381 Mass. 592 (1980)

411 N.E.2d 762

MASSACHUSETTS AUTOMOBILE RATING AND ACCIDENT PREVENTION BUREAU & others vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

October 7, 1980.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Scott P. Lewis with him) for the plaintiffs.

Donald K. Stern, Assistant Attorney General (E. Michael Sloman, Stephen S. Ostrach & Paul W. Johnson, Assistant Attorneys General, with him) for the defendant.

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

BRAUCHER, J.

We here review the decision of the Commissioner of Insurance (Commissioner) fixing industry-wide automobile insurance rates for the calendar year 1980 pursuant to G.L.c. 175, § 113B. We uphold the Commissioner's decision with respect to the allowances for losses and expenses, but remand for further consideration of the allowance for profit.

1. The present proceeding. The Commissioner held...

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