COMMERCE INSURANCE COMPANY v. COMMISSIONER OF INSURANCE


447 Mass. 478 (2006)

COMMERCE INSURANCE COMPANY & others v. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 2006.


Attorney(s) appearing for the Case

Thomas A. Barnico, Assistant Attorney General (Elisabeth Ditomassi with him) for Commissioner of Insurance.

Nelson G. Apjohn (James A. Ermilio & Daniel P. Olohan with him) for Commerce Insurance Company.

Stephen J. D'Amato for Center for Insurance Research.

Roberta R. Fitzpatrick for Arbella Mutual Insurance Company.

The following submitted briefs for amici curiae:

Edward J. Donahue, Jr., Luke A. Dillon, III, Peter S. Rice, Mark A. Walsh, Elizabeth R. Cerda, & Peter T. Robertson for Massachusetts Insurance Federation, Inc., & others.

Joshua R. Kratka for Massachusetts Public Interest Research Group.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.


SPINA, J.

The primary question presented in this appeal is whether G. L. c. 175, § 113H, as appearing in St. 1983, c. 241, § 17, prohibits the Commissioner of Insurance (commissioner) from approving or promulgating an assigned risk plan for high-risk drivers unable to obtain private automobile insurance in the voluntary market. We hold that she is not prohibited from doing so.

On December 31, 2004, after a series of hearings, the commissioner approved...

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