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TRUST INSURANCE COMPANY v. COMMISSIONER OF INSURANCE (NO. 1)

No. 98-P-223.

48 Mass. App. Ct. 617 (2000)

TRUST INSURANCE COMPANY v. COMMISSIONER OF INSURANCE (No. 1) & another.

Court of Appeals of Massachusetts, Suffolk.

February 24, 2000.

Attorney(s) appearing for the Case

Francis J. Sally for the plaintiff.

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

Pierce O. Cray, Assistant Attorney General, for Commissioner of Insurance.

Present: KASS, KAPLAN, & GELINAS, JJ.

KASS, J.

Trust Insurance Company (Trust) was dissatisfied with the formula — and how it was devised — by which Commonwealth Automobile Reinsurers (CAR) distributes to motor vehicle liability insurers funds paid to CAR by insurers who withdraw from the Massachusetts market. After nineteen months of sparring at an administrative level, Trust brought an action in Superior Court for a declaratory judgment that the Commissioner of Insurance (commissioner...

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