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MASS. AUTO. RATING & ACC. PREVENTION BU v. COMM OF INS

389 Mass. 824 (1983)

453 N.E.2d 381

MASSACHUSETTS AUTOMOBILE RATING AND ACCIDENT PREVENTION BUREAU & others vs. COMMISSIONER OF INSURANCE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 1983.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Scott P. Lewis & Douglas H. Wilkins with him) for Massachusetts Automobile Rating and Accident Prevention Bureau & others.

Francis H. Fox for Liberty Mutual Insurance Company & another.

Stephen S. Ostrach, Assistant Attorney General (Scott A. Smith & John P. Graceffa, Assistant Attorneys General, with him) for the defendant.

Stephen J. Paris, for Independent Insurance Agents of Massachusetts, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

This is a reservation and report of two cases by a single justice of this court arising out of the decision by the Commissioner of Insurance (Commissioner) fixing and establishing the 1983 automobile insurance rates. The plaintiffs in the two cases are the Massachusetts Automobile Rating and Accident Prevention Bureau (bureau), together with several named insurance companies in the first case, and Liberty Mutual Insurance Company and Liberty Mutual Fire...

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