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HOUSE DOCKET, NO. 739        FILED ON: 1/9/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 888


The Commonwealth of Massachusetts



Paul J. Donato


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to an appeal process of motor vehicle insurance surcharges under managed competition.






Stephen J. Buoniconti


Paul J. Donato

35th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Rosemary Sandlin

3rd Hampden

John P. Fresolo

16th Worcester

Peter v. Kocot

1st Hampshire

Thomas A. Golden, Jr.

16th Middlesex

Angelo M. Scaccia

14th Suffolk

Sarah K. Peake

4th Barnstable

Stephen Stat Smith

28th Middlesex

James R. Miceli

19th Middlesex

Dennis Rosa

4th Worcester

William Smitty Pignatelli

4th Berkshire

F. Jay Barrows

1st Bristol

Stephen R. Canessa

12th Bristol

James H. Fagan

3rd Bristol

Louis L. Kafka

8th Norfolk

William Lantigua

16th Essex

Patricia A. Haddad

5th Bristol

David J. Holway


Stephen Kulik

1st Franklin

David P. Linsky

5th Middlesex

Theodore C. Speliotis

13th Essex

Antonio F.D. Cabral

13th Bristol

Susan Williams Gifford

2nd Plymouth

Christopher J. Donelan

2nd Franklin

Thomas M. Stanley

9th Middlesex

James J. O'Day

14th Worcester District

John W. Scibak

2nd Hampshire

Robert S. Hargraves

1st Middlesex

George N. Peterson, Jr.

9th Worcester

Bill Bowles

2nd Bristol

Paul K. Frost

7th Worcester

Mark V. Falzone

9th Essex

James B. Eldridge

Middlesex and Worcester

Michael R. Knapik

Second Hampden and Hampshire

Scott P. Brown

Norfolk, Bristol and Middlesex

Harriette L. Chandler

First Worcester

Thomas P. Kennedy

Second Plymouth and Bristol

James E. Timilty

Bristol and Norfolk

Jennifer L. Flanagan

Worcester and Middlesex

Joan M. Menard

First Bristol and Plymouth

Susan C. Tucker

Second Essex and Middlesex

Marc R. Pacheco

First Plymouth and Bristol

Joyce A. Spiliotis

12th Essex

Jennifer Benson

37th Middlesex

Thomas J. Calter

12th Plymouth

Donald F. Humason, Jr.

4th Hampden

Matthew C. Patrick

3rd Barnstable

James Dwyer

30th Middlesex

Tom Sannicandro

7th Middlesex

Cleon H. Turner

1st Barnstable

Colleen M. Garry

36th Middlesex

John D. Keenan

7th Essex

Bradley H. Jones, Jr.

20th Middlesex

John V. Fernandes

10th Worcester

Joseph F. Wagner

8th Hampden

Danielle W. Gregoire

4th Middlesex

John J. Binienda

17th Worcester

James T. Welch

6th Hampden

Kay Khan

11th Middlesex

David M. Torrisi

14th Essex

Cheryl A. Coakley-Rivera

10th Hampden

Steven A. Tolman

Second Suffolk and Middlesex

Geraldo Alicea

6th Worcester

John F. Quinn

9th Bristol

Katherine Clark

32nd Middlesex

A. Stephen Tobin

2nd Norfolk

Christopher G. Fallon

33rd Middlesex

Bradford R. Hill

4th Essex

Steven M. Walsh

11th Essex

Viriato Manuel deMacedo

1st Plymouth

Robert L. Rice, Jr.

2nd Worcester

William N. Brownsberger

24th Middlesex

Kathi-Anne Reinstein

16th Suffolk

Mary E. Grant

6th Essex

James Arciero

2nd Middlesex

Kevin J. Murphy

18th Middlesex

Karen E. Spilka

Second Middlesex and Norfolk

James E. Vallee

10th Norfolk

Allen J. McCarthy

7th Plymouth

Paul McMurtry

11th Norfolk

Anne M. Gobi

5th Worcester

Kevin G. Honan

17th Suffolk

Steven J. D'Amico

4th Bristol

Timothy Madden

Barnstable, Dukes and Nantucket

Lida E. Harkins

13th Norfolk

Robert P. Spellane

13th Worcester

Elizabeth A. Malia

11th Suffolk

Marie P. St. Fleur

5th Suffolk

Pam Richardson

6th Middlesex

Timothy Madden

Barnstable, Dukes and Nantucket

Sean Curran

9th Hampden

Kate Hogan

3rd Middlesex

Ann-Margaret Ferrante

5th Essex

Peter J. Koutoujian

10th Middlesex

William G. Greene, Jr.

22nd Middlesex

Carlo P. Basile

1st Suffolk

Anthony D. Galluccio

Middlesex, Suffolk and Essex

Carolyn Dykema

8th Middlesex

Kevin Aguiar

7th Bristol

Paul Kujawski

8th Worcester

Jeffrey Davis Perry

5th Barnstable

Barbara A. L'Italien

18th Essex

Alice Hanlon Peisch

14th Norfolk

Sean Garballey

23rd Middlesex

Jay R. Kaufman

15th Middlesex

Richard J. Ross

9th Norfolk

Timothy J. Toomey, Jr.

26th Middlesex

James E. Timilty

Bristol and Norfolk

Elizabeth Poirier

14th Bristol

Cory Atkins

14th Middlesex

Brian A. Joyce

Norfolk, Bristol and Plymouth

Daniel K. Webster

6th Plymouth

Susan C. Fargo

Third Middlesex

Karyn E. Polito

11th Worcester

Todd M. Smola

1st Hampden

Lewis G. Evangelidis

1st Worcester

Brian Michael Ashe

2nd Hampdon

James Cantwell

4th Plymouth

Barry R. Finegold

17th Essex

Stanley C. Rosenberg

Hampshire and Franklin

Thomas P. Conroy

13th Middlesex

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act relative to an appeal process of motor vehicle insurance surcharges under managed competition.


              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 i8nserting 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 merit rating plan filed and approved by the 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.  The board may deny such appeal without a hearing on the basis of the standards of fault to be promulgated 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.

              The board shall provide the ins urer 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 was in accordance with the standards promulgated by the board and an ins urer’s provisions of the safe driver insurance plan approved by the commissioner, it shall deny the appeal.  If the board finds that the insurer’s application of the safe driver insurance plan was not in accordance with said standards and provisions, it sh all order the insurer to make the appropriate premium adjustment.  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 trail court, pursuant to the provisions of section fourteen of chapter thir ty 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 forth with, 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 decisio n 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.

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