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HARTFORD ACCIDENT & INDEMNITY CO v. COMMR. OF INSURANCE

407 Mass. 23 (1990)

551 N.E.2d 502

THE HARTFORD ACCIDENT AND INDEMNITY COMPANY & others vs. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1990.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr., for the plaintiffs.

Robert W. Mahoney (Mark G. Matuschak & Joseph Maher with him) for Commonwealth Automobile Reinsurers.

Thomas A. Barnico, Assistant Attorney General, for the Commissioner of Insurance.

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

O'CONNOR, J.

The plaintiffs appeal from an order of a judge of the Superior Court dismissing their complaint for failure to exhaust their administrative remedies. Because we conclude that (1) there was no administrative remedy available to the plaintiffs, and (2) the plaintiff Hartford Accident and Indemnity Company (Hartford) is not barred on res judicata grounds from raising the issues presented by this case, we reverse, and we remand this case to the Superior Court...

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