COMMISSIONER OF INSURANCE v. JANKOWSKI INSURANCE AGENCY, LLC.

No. 03-P-614.

61 Mass. App. Ct. 305 (2004)

COMMISSIONER OF INSURANCE, receiver, v. JANKOWSKI INSURANCE AGENCY, LLC, & another.

Appeals Court of Massachusetts, Suffolk.

June 9, 2004.


Attorney(s) appearing for the Case

James L. Ackerman for the defendants.

Edward Rabinovitz for the plaintiff.

Present: Cowin, Brown, & Green, JJ.


BROWN, J.

This appeal arises from an action filed in Superior Court by the Commissioner of Insurance (commissioner), as she is receiver of New England Fidelity Insurance Company (NEFIC), against a former NEFIC agent, Jankowski Insurance Agency, LLC, and Michael R. Jankowski.3 The commissioner sought the repayment of commissions previously paid by NEFIC to Jankowski. The commissions had been paid on certain

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