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HANOVER INSURANCE COMPANY v. COMMISSIONER OF INSURANCE

443 Mass. 47 (2004)

HANOVER INSURANCE COMPANY v. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 2004.

Attorney(s) appearing for the Case

Owen Gallagher for the plaintiff.

Romeo G. Camba, Assistant Attorney General, for Commissioner of Insurance.

Roberta R. Fitzpatrick (Elizabeth B. Burnett with her) for Arbella Mutual Insurance Company.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

Hanover Insurance Company (Hanover) filed a complaint against Arbella Mutual Insurance Company (Arbella) with the Commissioner of Insurance (commissioner) alleging that Arbella had engaged in "unfair or unreasonable or improper practices" under G. L. c. 175, § 113H. The commissioner issued a decision2 dismissing the complaint for failure to state a claim on which relief could...

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