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DiLORETO v. FIREMAN'S FUND INS. CO.

383 Mass. 243 (1981)

418 N.E.2d 612

EMIDIO DiLORETO vs. FIREMAN'S FUND INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 1981.

Attorney(s) appearing for the Case

Elizabeth A. DiLoreto for the plaintiff.

Michael Broad, Assistant Attorney General, for Board of Appeal on Motor Vehicle Liability Polices and Bonds.

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

HENNESSEY, C.J.

The plaintiff challenges the "merit rating" provisions of G.L.c. 175, § 113P, and the regulations promulgated thereunder. He contends that: (1) G.L. c. 175, § 113P, unconstitutionally delegates authority to a private insurance company in violation of art. 30 of the Declaration of Rights and of Part II, c. 1, § 1, art. 4, of the Massachusetts Constitution; and (2) 211 Code Mass. Regs. 74.04...

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