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AMERICAN FAMILY LIFE ASSURANCE CO. v. COMM. OF INS.

388 Mass. 468 (1983)

446 N.E.2d 1061

AMERICAN FAMILY LIFE ASSURANCE COMPANY vs. COMMISSIONER OF INSURANCE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1983.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Assistant Attorney General (Thomas A. Barnico, Assistant Attorney General, with him) for the defendant.

Joel Z. Eigerman (Edward J. McCormack, III, with him) for Union Fidelity Life Insurance Company.

Sanford A. Kowal (Emanuel Howard with him) for American Family Life Assurance Company.

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

HENNESSEY, C.J.

The defendant, the Commissioner of Insurance (Commissioner), appeals from two Superior Court judgments invalidating regulations promulgated by the Commissioner. The regulations, codified at 211 Code Mass. Regs. 47.07 (1) (a)-(e) and 47.09 (4) (a)-(c) (1980), effectively banned the sale of individual health insurance policies covering only one or a few diseases (specified disease insurance), unless they covered twelve listed diseases and met certain...

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