Life Ins. Ass'n of Massachusetts v. Commr. of Ins.

On September 11, 1987, the Commissioner of Insurance (commissioner) issued regulations (211 Code Mass. Regs. §§ 36.00 et seq. [1987]) prohibiting or restricting certain underwriting practices of insurance companies with respect to testing prospective insureds for life insurance and for accident and health insurance for exposure to the probable causative agent of acquired immunodeficiency syndrome (AIDS). Less than three weeks later the plaintiffs, who write such coverages or are trade associations of companies that do, commenced this action challenging (see G. L. c. 30A, § 7 [1986 ed.]) the…