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ARBELLA MUTUAL INSURANCE COMPANY v. COMMISSIONER OF INSURANCE

SJC-10511.

456 Mass. 66 (2010)

ARBELLA MUTUAL INSURANCE COMPANY & another v. COMMISSIONER OF INSURANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 16, 2010.

Attorney(s) appearing for the Case

Roberta R. Fitzpatrick (Laurence A. Schoen with her) for Arbella Mutual Insurance Company.

Dean Richlin (Pat A. Cerundolo with him) for Massachusetts Association of Insurance Agents.

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

Peter S. Rice & Robert M. Shaw, for Safety Insurance Company, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

Pursuant to G. L. c. 175, § 113H (E), plaintiffs Arbella Mutual Insurance Company (Arbella) and Massachusetts Association of Insurance Agents2 (MAIA) challenge several rules promulgated by the Commissioner of Insurance (commissioner). The rules relate to the administration of the Massachusetts Automobile Insurance Plan (MAIP), the system by which high-risk drivers in Massachusetts obtain private automobile insurance policies...

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