Massachusetts Ass'n of Insurance Agents v. Commissioner of Insurance

On January 24, 1997, the Commissioner of Insurance (commissioner) released her “Opinion, Findings and Decision on 1997 Automobile Insurance Rates” (1997 decision). As a part of her decision, the commissioner determined that agents’ commissions for motor vehicle policies in which the premium charges were based on a downward deviation from standard rates (including those written under the safe driver insurance plan) should be calculated by applying the Statewide average commission rate against the actual premium paid (“net” basis), rather than against the premium before it was reduced by any…