LIBERTY MUTUAL INS. CO. v. COMMISSIONER OF INSURANCE


395 Mass. 765 (1985)

481 N.E.2d 1373

LIBERTY MUTUAL INSURANCE COMPANY vs. COMMISSIONER OF INSURANCE (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

August 26, 1985.


Attorney(s) appearing for the Case

Arthur F. Licata for Mothers Against Drunk Driving, Inc., & others.

Acheson H. Callaghan, Jr., for Liberty Mutual Insurance Company.

Robert J. Carnevale for Jessica Jarzembowski & another.

Stephen S. Ostrach, Assistant Attorney General, for the Commissioner of Insurance.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.


WILKINS, J.

At the heart of these actions is the question whether the Commissioner of Insurance (commissioner) lawfully directed that each policy providing compulsory private passenger automobile insurance during 1985 offer less coverage of certain claims involving loss of consortium than did the comparable 1984 policy. Liberty Mutual Insurance Company (Liberty), which annually issues thousands of Massachusetts private passenger automobile insurance policies, questions...

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