Liability Investigative Fund Effort, Inc. v. Medical Malpractice Joint Underwriting Ass'n

This case raises the question whether Massachusetts physicians who have been affected by certain malpractice insurance rate regulations promulgated by the Commissioner of Insurance (commissioner) may maintain an action in the Superior Court for declaratory and equitable relief. The judge in the Superior Court dismissed the plaintiffs’ complaints, holding that exclusive jurisdiction over their claims lies with this court pursuant to G. L. c. 175A, § 5A (1988 ed.). We hold that the Superior Court judge should not have dismissed the complaints in their entirety, and remand for a determination of…