ATTORNEY GENERAL v. COMMISSIONER OF INSURANCE


450 Mass. 311 (2008)

ATTORNEY GENERAL v. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 2008.


Attorney(s) appearing for the Case

Monica Brookman, Assistant Attorney General (Glenn Kaplan & Aaron Lamb, Assistant Attorneys General, with her) for the plaintiff.

John G. Ryan, Special Assistant Attorney General (Julie D. McAlarney with him) for the defendant.

Cameron F. Kerry (A.W. Phinney, III, & Jennifer Alcarez with him) for the intervener.

The following submitted briefs for amici curiae:

Stephen D'Amato for Citizens for Homeowners Insurance Reform.

Robert A. O'Leary, Eric T. Turkington, Cleon H. Turner & Sarah K. Peake, pro se.

Peter S. Rice & Jeffrey S. Strom for Property Casualty Insurers Association & another.

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


CORDY, J.

On June 30, 2006, the Commissioner of Insurance (commissioner) released her decision and order on the 2005 rate filings of the Massachusetts Property Insurance Underwriting Association (MPIUA), finding, with two exceptions, that the components underlying its proposed rates for basic property and casualty insurance were "reasonable or fall within a range of reasonableness" (June 30 decision). In light of this finding...

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