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TRUST INSURANCE COMPANY v. COMMONWEALTH AUTOMOBILE REINSURERS

No. 97-P-1658.

46 Mass. App. Ct. 657 (1999)

TRUST INSURANCE COMPANY v. COMMONWEALTH AUTOMOBILE REINSURERS & another; AMICA MUTUAL INSURANCE COMPANY, intervener.

Court of Appeals of Massachusetts, Suffolk.

April 22, 1999.

Attorney(s) appearing for the Case

Mark G. Matuschak (James J. Nicklaus with him) for Commonwealth Automobile Reinsurers.

Francis J. Sally for the plaintiff.

Present: LAURENCE, KAPLAN, & DREBEN, JJ.

DREBEN, J.

After the adoption in 1995 by Commonwealth Automobile Reinsurers (CAR) of a new method of transferring excess involuntary motor liability insurance among insurers, one insurance company, Trust Insurance Company (Trust), appealed the decision to the Commissioner of Insurance (commissioner). Trust claimed that the method should have been promulgated by CAR as a rule rather than by publication in its manual. The hearing officer ruled against Trust, but on...

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