Commerce Insurance Co. v. Commissioner of Insurance

Gants, Ralph D., J.

The plaintiff, the Commerce Insurance Company (“Commerce”), subsequently joined by various plaintiff intervenors, has filed this action claiming that the defendant Commissioner of Insurance (“Commissioner”) exceeded her statutory authority when she issued her Order on December 31, 2004, entitled “Revision of the Rules of Operation of the Commonwealth Automobile Reinsurers” (“Revised CAR Rules"), which created an Assigned Risk Plan to replace the existing plan for insuring automobile drivers in the so-called involuntary market for automobile insurance. In short, Commerce…