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MASSACHUSETTS ASSOCIATION OF INSURANCE AGENTS v. COMMISSIONER OF INSURANCE

425 Mass. 477 (1997)

MASSACHUSETTS ASSOCIATION OF INSURANCE AGENTS v. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 17, 1997.

Attorney(s) appearing for the Case

James K. Brown for the Massachusetts Association of Insurance Agents.

Thomas O. Bean, Assistant Attorney General, for the Commissioner of Insurance.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

GREANEY, J.

On January 24, 1997, the Commissioner of Insurance (commissioner) released her "Opinion, Findings and Decision on 1997 Automobile Insurance Rates" (1997 decision). As a part of her decision, the commissioner determined that agents' commissions for motor vehicle policies in which the premium charges were based on a downward deviation from standard rates (including those written under the safe driver insurance plan) should be calculated by applying the Statewide...

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