Swartz v. Commissioner

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Introduction

This action comes before the court under G.L.c. 30A, § 14, judicial review of an administrative, agency decision following an adjudicatory hearing. Plaintiff, Brian Swartz, also alleges in his amended complaint a claim under 42 U.S.C. § 1983 against the defendant, the Commissioner of Insurance .

The hearing officer found plaintiff to have registered and charged persons for motor club coverage without their knowledge or consent. On this basis, Swartz was found to be lacking “trustworthiness, competency and…