Beck v. People's Service Insurance Co.

7 Mass. L. Rptr. 364
CourtMassachusetts Superior Court
DecidedJuly 22, 1997
DocketNo. 9602289
StatusPublished
Cited by1 cases

This text of 7 Mass. L. Rptr. 364 (Beck v. People's Service Insurance Co.) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck v. People's Service Insurance Co., 7 Mass. L. Rptr. 364 (Mass. Ct. App. 1997).

Opinion

Cowin, J.

INTRODUCTION

This matter is before the Court on an appeal by the plaintiff Marilyn A. Beck (Beck) from a decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds (the Board) affirming a determination by Beck’s insurer, People’s Service Insurance Company (People’s), that Beck was more than fifty percent at fault in a motor vehicle accident occurring on May 30, 1996, and upholding People’s imposition of an insurance premium surcharge on Beck for that accident. For the reasons discussed below, the Board’s decision is AFFIRMED.

BACKGROUND

On May 30, 1996, a wet and rainy day, the plaintiff Beck was involved in a motor vehicle accident with a second vehicle driven by Anthony Adamis (Adamis). The accident occurred at the intersection of Huntington Avenue and Francis Street in Boston. Immediately prior to the accident, Beck’s vehicle had been stopped behind Adamis’ vehicle at a red light. When the light [365]*365changed to green, the traffic, which was dense, proceeded straight through the intersection. When the vehicles were almost completely across the intersection, Adamis’ vehicle stopped and Beck’s vehicle, travelling at approximately 10 m.p.h., hit him from behind. Beck’s version of the accident was that Adamis stopped suddenly and without cause and that she was eight to ten feet behind Adamis’ vehicle but that due to the sudden stop and the wet road conditions she was unable to avoid colliding with the rear end of his vehicle.

Under the Massachusetts Safe Driver Insurance Plan, People’s was required to make a determination as to whether its insured was more than fifty percent at fault for the accident. G.L.c. 175, §§113B, 113P (1994). People’s determined that Beck was indeed more than fifty percent at fault in reliance on 211 Code Mass. Regs. §74.04(03). Said regulation provides that an operator of a motor vehicle which is in collision with the rear of another vehicle shall be presumed to be at fault in excess of 50%. As a result of this determination, People’s issued an insurance premium surcharge notice to Beck on June 10, 1996.

Beck appealed People’s determination to the Board pursuant to c. 175, §113P on July 17, 1996. In a decision dated November 21, 1996, the Board found that Beck “did not use due caution when traveling behind another vehicle” and that Beck “bore the duly to provide adequate distance between the two vehicles. However, given the congestion and prevailing road conditions, [Beck] only allotted a distance of eight to ten feet. [Beck] should have been on notice of the wet road conditions, and realizing that traffic could quickly stop at any time due to the congestion, should have prepared for such an occasion by increasing the distance between the two vehicles.” Thus, the Board concluded that Beck was more than fifty percent at fault for the accident and upheld the surcharge issued by People’s. Beck now seeks judicial review of the Board’s decision pursuant to G.L.c. 175, §113P and c. 30A, § 14, asserting that the decision was unsupported by substantial evidence.

DISCUSSION

General Laws c. 175, §113B establishes a Safe Driver Insurance Plan which provides for driver classifications and insurance premium adjustments based on an insured’s driving record. Under this plan, an at-fault accident constitutes a surchargeable incident. G.L.c. 175, §113B (1994). Accordingly, insurers of motor vehicles in Massachusetts are required to impose merit rating surcharges on insured drivers who are more than fifty percent at fault in causing a motor vehicle accident, c. 175, §113. Pursuant to this requirement, the Board has established standards of fault to be used in determining when a driver is more than fifty percent at fault in causing an accident. 211 Code Mass. Regs. §74.04. These standards of fault are determinative unless the operator overcomes the presumption of fault by producing sufficient evidence to the contrary at an initial review or hearing of the Board. 211 Code Mass. Regs. §74.03.

Chapter 175, Section 113P allows any person aggrieved by a finding or order of the Board to appeal therefrom to the Superior Court pursuant to the provisions of chapter 30A Section 14, the Massachusetts Administrative Procedure Act. G.L.c. 175, §113P (1994). Judicial review of the Board’s decision is thus confined to the administrative record. G.L.c. 30A, §§14(4), 14(5); Cohen v. Board of Registration in Pharmacy, supra at 253. Accordingly, this Court must sustain the Board’s decision unless Beck, among other things, meets her burden of demonstrating that the Board’s decision is unsupported by substantial evidence. Langlitz v. Board of Registration of Chiropractors, 396 Mass. 374, 379 (1985); Merisme v. Board of Appeals on Motor Vehicle Liab. Policies and Bonds, 27 Mass.App.Ct. 470, 474 (1989). Substantial evidence means such evidence that a reasonable mind might accept as adequate to support a conclusion. G.L.c. 30A, §1(6); Lycurgus v. Director of the Div. of Employment Sec., 391 Mass. 623, 627-28 (1984). Substantial evidence must be evaluated in the light of contradicting evidence which fairly detracts from the weight of the evidence upon which the agency relied. Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966).

Standard of Fault 3 states that “An operator of a vehicle subject to the Safe Driver Insurance Plan which is in collision with the rear of another vehicle shall be presumed to be at fault in excess of 50%.” 211 Code. Mass. Regs. §74.04(3). The Board has expertise in the determination of relative degrees of fault in motor vehicle accidents and it may use such expertise to establish evidentiary presumptions. DiLoreto v. Fireman’s Fund Ins. Co., 383 Mass. 243, 248-49 (1981). It is undisputed that Beck’s vehicle struck the rear of Adamis’ vehicle. Thus, the Board was entitled to apply the presumption in Standard of Fault 3 to the accident at issue.

Nonetheless, Beck argues that the Board’s finding of fault is not supported by substantial evidence. The presumptions of fault set forth in 211 Code Mass. Regs. §74.04 are determinative unless a showing to the contrary is demonstrated by sufficient evidence presented by the appellant the hearing. 211 Code Mass. Regs. §74.03.2 The presumptions are thus rebuttable. DiLoreto v. Fireman’s Fund Ins. Co., supra at 248. Under the “bursting bubble” theoiy usually applied to civil presumptions, once any controverting evidence is introduced, the presumption disappears and the evidence must be weighed independently of the presumption. Riordan's Case, 362 Mass. 882, 883 (1972); Jacobs v. Town Clerk of Arlington, 402 Mass. 824, 828 (1988). However, this “bursting bubble” approach does not apply to the standards of fault contained in 211 Code Mass. Regs. §74.04 because “the [366]*366wording of the regulation itself requires not merely the introduction of some contradictory evidence in order to overcome the presumption, but rather that a ’’showing" contrary to the presumption be “demonstrated." Yazbeck v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, 41 Mass.App.Ct. 915, 916 (1996).

The only evidence introduced by Beck to rebut the presumption of fault is her assertion that Adamis was in fact responsible for the accident. According to Beck’s version of the accident, Adamis stopped suddenly and without cause and because of the wet road conditions, she was unable to avoid hitting him.

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