BLUE CROSS OF MASS. INC. v. COMMISSIONER OF INSURANCE


397 Mass. 117 (1986)

489 N.E.2d 1249

BLUE CROSS OF MASSACHUSETTS, INC., & another vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 18, 1986.


Attorney(s) appearing for the Case

Jeffrey Swope (Molly H. Sherden with him) for the plaintiffs.

Stephen S. Ostrach, Assistant Attorney General (Cheryl L. Conner, Assistant Attorney General, with him) for the Commissioner of Insurance.

Thomas I. Elkind & Robert H. Kelley, for Massachusetts Association of Older Americans, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, & LYNCH, JJ.


LYNCH, J.

Blue Cross of Massachusetts, Inc., and Blue Shield of Massachusetts, Inc., seek a review of a decision of the Commissioner of Insurance (commissioner) disapproving filings proposing an increase in nongroup rates. On appeal Blue Cross and Blue Shield argue that the commissioner's decision contains several errors of law and is based upon findings which are unsupported by substantial evidence. We affirm.

On January 2, 1985, Blue Cross and Blue Shield...

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