Trust Insurance Co. v. Commissioner of the Division of Insurance

This matter is before this Court on the plaintiffs Motion for Judgment on the Pleadings. This action involves an appeal by Trust Insurance Company (“Trust”) from a decision rendered by the Division of Insurance (“Division”) on August 25, 1995 which upheld the actions taken by the Governing Committee of Commonwealth Automobile Reinsurers (“CAR”). Trust contends that the actions taken by CAR constitute rulemaking functions which must be conducted in accordance with the rulemaking procedures outlined in G.L.c. 175, §113H. Trust alleges that CAR did not follow these rulemaking procedures, thus…