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RELIANCE INS. CO. v. COMMISSIONER OF INSURANCE

No. 98-P-975.

31 Mass. App. Ct. 581 (1991)

581 N.E.2d 1027

RELIANCE INSURANCE COMPANY & others vs. COMMISSIONER OF INSURANCE.

Appeals Court of Massachusetts, Suffolk.

November 22, 1991.

Attorney(s) appearing for the Case

David I. Finnegan (John G. Ryan with him) for the plaintiffs.

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

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

Present: WARNER, C.J., BROWN, & GREENBERG, JJ.

WARNER, C.J.

On December 15, 1988, the plaintiff insurance companies (collectively "Reliance") informed the Commissioner of Insurance (Commissioner) by letter that they were surrendering their licenses to conduct motor vehicle liability insurance business in Massachusetts; they could do so only at a financial loss. According to Reliance, the Commissioner refused to accept its attempted license surrenders at that time. On the same date, Reliance commenced a declaratory...

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