For legislation relative to an appeal process of insurance premium surcharges under managed competition
Senate, No. 2022
The Commonwealth of Massachusetts
IN THE YEAR OF TWO THOUSAND AND NINE
A N A CT relative to an appeal process of insurance premium surcharges under managed competition
Whereas , the deferred operation of this act would tend to defeat its purpose which is to provide for a right to appeal at-fault accident rulings for consumers of the commonwealth, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled,
And by the authority of the same, as follows:
SECTION 1. Chapter 175E of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting after Section 7 the following new section:-
Section 7A. Any insured aggrieved by any determination of an insurer as to the application of any provision of an insurer’s safe driver insurance plan or merit rating plan placed on file with commissioner pursuant to regulations promulgated in accordance with Section 10 of this chapter and section 15 of Chapter 175A, may within thirty days thereafter, file a written complaint with the board of appeals on motor vehicle policies and bonds, hereinafter called the board. Such complaint shall be accompanied by a filing fee to be determined by the board. In the notice of its decision to deny the complaint by the insured, the board shall notify the insured that he has a right to a hearing on the application of the safe driver insurance plan or merit rating plan.
The board shall provide the insurer and the insured with at least ten days notice of any hearing held under this section. If, after a hearing, the board finds that the application of the safe driver insurance plan or merit rating plan was in accordance with the standards promulgated by the board and an insurer’s provisions of the safe driver insurance plan or merit rating plan placed on file with the commissioner, it shall deny the appeal. If the board finds that the insurer’s application of the safe driver insurance plan or merit rating plan was not in accordance with said standards and provisions, it shall order the insurer to make the appropriate premium adjustment and it shall notify the merit rating board to remove the insured’s surcharge points. The board may designate a person to act as a hearing officer pursuant to this section. The hearing officer shall file a memorandum of his findings or order in the office of the board, and shall send a copy to the insurer and the insured.
Any person or company aggrieved by any finding or order of the board may appeal therefrom to the superior court department of the trial court, pursuant to the provisions of section fourteen of chapter thirty A. The appellant shall file with his appeal a duly certified copy of the complaint and of the finding and order thereon, and, if the appeal is taken from a finding and order of the board in respect to a cancellation, the clerk of such court shall forthwith, upon the filing of such an appeal, give written notice of the filing thereof to the registrar of motor vehicle and to the appellee. Said court shall, after such notice to the parties as it deems reasonable, give a summary hearing on such appeal and shall have such jurisdiction in equity to review all questions of fact and law, and to affirm or reverse such finding or order and may make any appropriate decree. Said court or justice may allow such appeal, finding or order to be amended. The decision of the court or justice shall be final. The clerk of such court shall, within two days after entry thereof, send an attested copy of the decree to each of the parties and the commissioner and to said registrar, or his office. Said court or justice may make such order as to costs as it or he deems equitable. Said court may make reasonable rules to secure prompt hearings on such appeals and a speedy disposition thereof.
SECTION 2. Section 1 shall apply to any insured aggrieved by a determination of an insurer’s safe driver insurance plan or merit rating plan before, on or after April 1, 2009.
|3/23/2009||Senate||Reported from the committee on Financial Services|
|3/23/2009||Senate||New draft of S461, H888 and H1053|
|3/23/2009||Senate||Bill reported favorably by committee and referred to the committee on Senate Ways and Means|
|3/24/2009||Senate||Committee recommended ought to pass with an amendment|
|3/24/2009||Senate||Read second, amended (as recommended by the committee on Ways and Means) and ordered to a third reading|
|3/24/2009||Senate||Taken out of the Orders of the Day|
|3/24/2009||Senate||Motion to lay on the table pending and postponed to the next session|
|3/25/2009||Senate||Motion to lay on the table negatived|
|3/25/2009||Senate||Passed to be engrossed 39 YEAS to 0 NAYS (See Senate Roll Call, No. 21)|
|3/26/2009||House||Read; and referred to the committee on House Ways and Means|
|4/2/2009||House||Committee recommended ought to pass and referred to the committee on House Steering, Policy and Scheduling|
|4/2/2009||House||Committee reported that the matter be placed in the Orders of the Day for the next sitting|
|4/2/2009||House||Read second and ordered to a third reading|
|4/2/2009||House||Quorum roll call 144 members in attendance [See Yea and Nay in Sup|
|4/2/2009||House||Passed to be engrossed 156 YEAS to 0 NAYS (See Yea and Nay in Supplement,|
|4/8/2009||Senate||Senate concurred in the House amendment|
|4/8/2009||Senate||Vote doubted, roll call ordered|
|4/8/2009||Senate||Senate concurred in the House amendment 37 YEAS to 0 NAYS (See Senate Roll Call, No. 30)|
|4/9/2009||House||Emergency preamble adopted|
|4/9/2009||Senate||Emergency preamble adopted|
|4/9/2009||Senate||Enacted and laid before the Governor|
|4/15/2009||Governor||Signed by the Governor, Chapter 9 of the Acts of 2009|