Automobile Insurers Bureau of Massachusetts v. Commissioner of Insurance

718 N.E.2d 830, 430 Mass. 285, 1999 Mass. LEXIS 667
CourtMassachusetts Supreme Judicial Court
DecidedNovember 1, 1999
StatusPublished
Cited by7 cases

This text of 718 N.E.2d 830 (Automobile Insurers Bureau of Massachusetts v. Commissioner of Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Automobile Insurers Bureau of Massachusetts v. Commissioner of Insurance, 718 N.E.2d 830, 430 Mass. 285, 1999 Mass. LEXIS 667 (Mass. 1999).

Opinion

Greaney, J.

A single justice consolidated, and then reserved and reported, complaints by the Automobile Insurers Bureau of Massachusetts (AIB), and by the Alliance of American Insurers and three insurance companies (collectively, Alliance), for judicial review of a decision by the Commissioner of Insurance (commissioner) which established private passenger automobile insurance rates for 1999. The AIB and the Alliance argue that the commissioner exceeded her authority in seeking compliance with a discovery request and then improperly sanctioned them for alleged noncompliance. The AIB alone challenges three aspects of the commissioner’s decision concerning the calculation of the loss pure premium factor. These matters involve the commissioner’s handling of information concerning seat belt usage and the payment of sales tax on paint and materials, and the commissioner’s decision to use a so-called “dummy” variable in calculating the loss pure premium trend factors for rate year 1999. The issues were litigated as part of the main rate case. We conclude that the commissioner’s decision should be upheld. We take up first the rate sanction issue and thereafter the issues pertaining to the loss pure premium factor.

1. One component of the main rate case concerned calculation of a rate provision for expenses incurred by insurance companies. The expense provision includes general expenses, miscellaneous taxes, licenses and fees, and “other” acquisition expenses, including employees’ compensation. Since at least 1986, the method used to calculate this expense provision has included the calculation of an industry-wide company expense trend designed to project the change, into the rate period, in the companies’ expenses.

In its advisory filing for 1999, the AIB proposed a five per cent annual trend, which included, among other items, a 6.5 per cent increase in employee salaries and benefits. During the evidentiary hearings in the rate case, the Attorney General formally sought, in a discovery request, that the AIB provide certain specified information relating to employee compensation [287]*287for each insurance company whose share of the private passenger automobile market was greater than .5 per cent. The AIB responded that it did not have the requested data. The Attorney General filed a motion to compel discovery with the presiding officers at the evidentiary hearing, seeking an order directing the AIB to respond to the discovery request. After hearing argument, the presiding officers issued an order directing the AIB, and affected individual insurance companies represented by the AIB, to produce the requested data in such a manner that individual companies and their individual employees were not identified.

After various appeals and motions with which we need not be concerned, the AIB began submitting responses to the discovery request. Dissatisfied with the responses, the Attorney General filed a motion for sanctions, arguing that the ABB’s and the companies’ compliance was inadequate and nonresponsive. The AIB opposed the motion, and the presiding officers heard argument and took the matter under advisement. In her rate decision, based on conclusions reached by the presiding officers, the commissioner determined that the AIB and the insurance companies had not fully complied with the discovery request, and that a negative inference should be drawn in calculating the company expense trend because of the noncompliance.

The AIB and the Alliance have challenged the commissioner’s determination, contending that she (a) lacked authority to issue the discovery order and specifically lacked authority to issue it against the individual insurance companies; (b) failed to make findings regarding whether the AIB and the companies had substantially complied with the discovery order; and (c) lacked authority to impose an industry-wide sanction.

(a) The discovery order. The commissioner is mandated by statute to fix and establish industry-wide private passenger automobile insurance rates through rate setting procedures, and hearings. G. L. c. 175, § 113B. G. L. c. 175E, § 5. See Massachusetts Auto. Rating & Acc. Prevention Bur. v. Commissioner of Ins., 381 Mass. 592, 603 (1980). In furtherance of this obligation, the commissioner has the authority to designate a “Presiding Officer” or officers to conduct evidentiary and other proceedings to obtain data and information pertinent to the rate setting process. See 211 Code Mass. Regs. § 77.02 (1997).

As might be expected, discovery is allowed in the rate setting [288]*288proceedings to assist the parties in their need to obtain information from other parties. See 211 Code Mass. Regs. § 77.06 (1997) (“A party may request another party to produce or make available documents or tangible things, not privileged and not previously supplied, which are in the possession, custody or control of the party to whom the request is made”). The term “[p]arty” is defined as “[a]n insurer submitting an advisory filing, statutory intervenors, and interveners.” 211 Code Mass. Regs. § 77.02. The term “insurer” is defined as “[a]n insurance company authorized to write motor vehicle insurance in Massachusetts or a licensed rating organization authorized to act on its behalf.” Id. If a discovery request is not honored, the aggrieved party may file a motion to compel discovery with the presiding officer. See 211 Code Mass. Regs. §§ 77.06(3), 77.07(5) (1997).

The statute, and the implementing regulations, set forth above, expressly permit the Attorney General to obtain the information sought in his discovery request in the evidentiary hearings in the rate case. The Attorney General is a statutory intervener pursuant to 211 Code Mass. Regs. § 77.02, and G. L. c. 12, § 11F. The AIB is a licensed rating organization pursuant to G. L. c. 175A, §§ 8-11. Both submitted advisory filings in the rate case. Under the regulations, both are “parties” to these proceedings and therefore have the right to make discovery requests of one another.2

The AIB and the Alliance argue that the presiding officers’ discovery order could not extend to individual insurance companies because they were not “parties” to the proceeding. In her 1999 decision, the commissioner interpreted the govem-[289]*289ing regulations defining the terms “party” and “insurer,”3 and she concluded that the insurance companies were parties to the proceedings, notwithstanding the fact that they had designated the AIB to act on their collective behalf. The commissioner also concluded that the insurance companies, through AIB’s representation, had an adequate opportunity to be heard on the discovery order.4

Common sense dictates that proper compliance with the discovery order required full cooperation by the companies. It was the companies’ requested rate increase that was at issue. The commissioner had the authority to interpret the regulations to impose the discovery order on the companies because they were parties and there was good cause to do so. We accept the commissioner’s determination. See Hurst v. State Ballot Law Comm’n, 428 Mass. 116, 120 (1998).

(b) Compliance. The AIB and the Alliance argue that the commissioner was required to make findings regarding whether the AIB and the insurance companies substantially complied with the discovery order.

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Bluebook (online)
718 N.E.2d 830, 430 Mass. 285, 1999 Mass. LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/automobile-insurers-bureau-of-massachusetts-v-commissioner-of-insurance-mass-1999.