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TELLES v. COMMISSIONER OF INSURANCE

410 Mass. 560 (1991)

574 N.E.2d 359

DEBORAH S. TELLES & others vs. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Berkshire.

July 3, 1991.

Attorney(s) appearing for the Case

Michael B. Keating (Steven W. Phillips with him) for the plaintiffs.

William L. Pardee, Assistant Attorney General, for the Commissioner of Insurance.

Richard E. Barnsback & Phillip E. Stano of the District of Columbia, & Lane McGovern, for American Council of Life Insurance, amicus curiae, submitted a brief.

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

NOLAN, J.

Today we are asked to decide whether the Commissioner of Insurance (commissioner) may lawfully issue regulations which prohibit life insurers from considering gender-based mortality differences in the underwriting of life insurance.2 We hold that the commissioner is not authorized to promulgate the regulations in question, as they are in direct conflict with several statutes which expressly...

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