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MASSACHUSETTS AUTO BODY ASS'N, INC. v. COMMR. OF INS.

409 Mass. 770 (1991)

570 N.E.2d 147

MASSACHUSETTS AUTO BODY ASSOCIATION, INC. vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 17, 1991.

Attorney(s) appearing for the Case

James A. Castleman for the plaintiff.

Ruth A. Bourquin, Assistant Attorney General, for the Commissioner of Insurance.

E. Michael Sloman for Automobile Insurers Bureau of Massachusetts.

Acheson H. Callaghan, Jr., for The Kemper National Property & Casualty Companies, was present but did not argue.

Stuart T. Rossman, for Arbella Mutual Insurance Company, joined in a brief.

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

LYNCH, J.

This appeal concerns the validity of regulations promulgated by the Commissioner of Insurance to implement the direct payment and repair shop referral components of St. 1988, c. 273, the Automobile Insurance Reform Act of 1988, and of insurers' plans submitted and approved pursuant to those regulations.

The plaintiff, the Massachusetts Auto Body Association, Inc.1 (association), sought a declaration in the Superior Court...

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