Section 5. If the commissioner determines, after a hearing, at which representatives of consumers and other interested parties may participate, and on the basis of findings of fact and conclusions, that, with respect to any territory or to any kind, subdivision or class of insurance, competition is either (i) insufficient to assure that rates will not be excessive, or (ii) so conducted as to be destructive of competition or detrimental to the solvency of insurers, he shall, within ninety days or as soon thereafter as possible and without regard to calendar dates specified in section one hundred and thirteen B of chapter one hundred and seventy-five, fix and establish the rates for such insurance or territory pursuant to the provisions of section one hundred and thirteen B of chapter one hundred and seventy-five. Such procedure shall have a specified duration of not more than one year but may be renewed by the commissioner upon appropriate findings of fact, conclusions and order. Within thirty days after the close of the hearing the commissioner shall make this determination in a report which shall be made public.
Notes of Decisions
Metro. Prop. & Liab. Ins. v. Comm'r of Ins., 417 N.E.2d 1 (Mass. 1981).
· cites it 15× “On June 2, 1980, the Commissioner held a hearing pursuant to G. L. c. 175E, § 5, to determine whether he should fix and establish motor vehicle insurance rates under G.”
Am. Mfrs. Mut. Ins. v. Comm'r of Ins., 372 N.E.2d 520 (Mass. 1978).
· cites it 3× “266, § 19, codified as G. L. c. 175E, § 5. In place of the defective rate, the Commissioner could fix and establish reasonable and nondiscriminatory premium charges using his traditional authority to do so under G.”
Massachusetts Auto. Rating & Accident Prevention Bureau v. Comm'r of Ins., 516 N.E.2d 1132 (Mass. 1987).
“” G. L. c. 175E, § 5 (1986 ed.). The rates set by the commissioner are comprised of three basic components: (1) the loss allowance (expenses from payment of claims); (2) the expense allowance (nonclaim expenses); and (3) the underwriting profit allowance (an estimate of profit…”
Auto. Insurers Bureau v. Comm'r of Ins., 680 N.E.2d 912 (Mass. 1997).
“In accordance with G. L. c. 175E, § 5, the commissioner held a public hearing commencing on August 9, 1996, for the purpose of setting proper rates to be effective on and after January 1, 1997.”
Massachusetts Ass'n of Ins. Agents v. Comm'r of Ins., 682 N.E.2d 836 (Mass. 1997).
“Under G. L. c. 175E, § 5, if the commissioner determines that competition among insurers is insufficient to assure that private passenger automobile insurance rates will not be excessive, she can invoke G.”
Abdulah v. Comm'r of Ins. of Massachusetts, 907 F. Supp. 13 (D. Mass. 1995).
“175 § 113B, M.G.L. c. 175E § 5. The Commissioner has, pursuant to this authority, made such determinations annually and established rates for non-commercial automobile insurance in every year following 1977.”
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