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LIFE INS. ASS'N OF MASSACHUSETTS v. COMMR. OF INS.

403 Mass. 410 (1988)

530 N.E.2d 168

LIFE INSURANCE ASSOCIATION OF MASSACHUSETTS & others vs. COMMISSIONER OF INSURANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 16, 1988.

Attorney(s) appearing for the Case

John J. Curtin, Jr. (E. Susan Garsh, Harriet E. Gould, Robert L. Quinan & Alice E. Richmond with him) for the plaintiffs.

Gary D. Buseck (Denise McWilliams with him) for the intervener.

William L. Pardee, Assistant Attorney General (Countess C. Williams, Assistant Attorney General, with him) for the Commissioner of Insurance.

Will J. Bangs & Joshua T. Buchman, & Gary D. Simms of the District of Columbia, for The American Academy of Actuaries, amicus curiae, submitted a brief.

Patrick W. Hanifin & Wayne S. Henderson, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

WILKINS, J.

On September 11, 1987, the Commissioner of Insurance (commissioner) issued regulations (211 Code Mass. Regs. §§ 36.00 et seq. [1987]) prohibiting or restricting certain underwriting practices of insurance companies with respect to testing prospective insureds for life insurance and for accident and health insurance for exposure to the probable causative agent of acquired immunodeficiency syndrome (AIDS). Less than three weeks later the plaintiffs...

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