Legal Opinion
DiLoreto v. Fireman's Fund Insurance
Massachusetts Supreme Judicial Court
Decided March 31, 1981PublishedCited by 25 opinions
1Opinion of the CourtHennessey, C.J.
The plaintiff challenges the “merit rating” provisions of G. L. c. 175, § 113P, and the regulations promulgated thereunder. He contends that: (1) G. L. c. 175, § 113P, unconstitutionally delegates authority to a private insurance company in violation of art. 30 of the Declaration of Rights and of Part II, c. 1, § 1, art. 4, of the Massachusetts Constitution; and (2) 211 Code Mass. Regs. 74.04 (18) (1978) violates due process in that it establishes a presumption that is not reasonable in tending to prove the fact in question. We conclude that (1) the plaintiff has failed to support his…
2Cases cited16 opinions
- Carter v. Carter Coal Co.Supreme Court of the United States · 1936
- Marshall v. Jerrico, Inc.Supreme Court of the United States · 1980
- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Washington Ex Rel. Seattle Title Trust Co. v. RobergeSupreme Court of the United States · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Tobin's CaseMassachusetts Supreme Judicial Court · 1997
- Construction Industries v. Commissioner of Labor & IndustriesMassachusetts Supreme Judicial Court · 1989
- Yazbek v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Appeals Court · 1996
- Commonwealth v. PorterMassachusetts Supreme Judicial Court · 2012
- Nercessian v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Appeals Court · 1999
20 more not listed; retrieve them via the Exa API.