Hanover Insurance v. Commissioner of Insurance

Hanover Insurance Company (Hanover) filed a complaint against Arbella Mutual Insurance Company (Arbella) with the Commissioner of Insurance (commissioner) alleging that Arbella had engaged in “unfair or unreasonable or improper *48practices” under G. L. c. 175, § 113H. The commissioner issued a decision2 dismissing the complaint for failure to state a claim on which relief could be granted, stating that even if Hanover’s allegations were true, they did not rise to the level of an unfair practice under the statute or the plan and rules enacted pursuant to the statute. A Superior Court judge…