Trust Insurance v. Commissioner of Insurance

The facts giving rise to this appeal are set forth in Automobile Insurers Bureau of Mass. v. Commissioner of Ins., ante 262 (1997). The plaintiff challenges the commissioner’s decision on an “as applied” basis, arguing that the imposition of a flat rate reduction on all insurers fails to take into account the effect of the plaintiff’s changing market share as a newly licensed carrier of private passenger automobile insurance. Specifically, the plaintiff claims that because its market share increased during the period from 1991 to 1996, during which it received consumer overpayments, the rate…