HOUSE DOCKET, NO. 739 FILED ON: 1/9/2009
HOUSE . . . . . . . . . . . . . . . No. 888
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Paul J. Donato
_______________
To the Honorable Senate and House of Representatives
of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to an appeal process of motor vehicle insurance surcharges under
managed competition.
_______________
PETITION OF:
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Name:
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District/Address:
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Stephen J. Buoniconti
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Hampden
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Paul J. Donato
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35th Middlesex
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Angelo J. Puppolo, Jr.
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12th Hampden
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Rosemary Sandlin
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3rd Hampden
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John P. Fresolo
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16th Worcester
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Peter v. Kocot
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1st
Hampshire
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Thomas A. Golden, Jr.
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16th Middlesex
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Angelo M. Scaccia
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14th Suffolk
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Sarah K. Peake
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4th Barnstable
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Stephen Stat Smith
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28th Middlesex
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James R. Miceli
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19th Middlesex
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Dennis Rosa
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4th Worcester
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William Smitty Pignatelli
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4th Berkshire
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F. Jay
Barrows
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1st Bristol
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Stephen R. Canessa
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12th Bristol
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James H. Fagan
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3rd Bristol
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Louis L. Kafka
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8th Norfolk
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William Lantigua
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16th Essex
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Patricia A. Haddad
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5th Bristol
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David J. Holway
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Stephen Kulik
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1st Franklin
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David P. Linsky
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5th Middlesex
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Theodore
C. Speliotis
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13th Essex
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Antonio F.D. Cabral
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13th Bristol
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Susan Williams Gifford
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2nd Plymouth
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Christopher J. Donelan
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2nd Franklin
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Thomas M. Stanley
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9th Middlesex
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James J. O'Day
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14th Worcester District
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John W. Scibak
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2nd Hampshire
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Robert S. Hargraves
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1st Middlesex
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George N. Peterson, Jr.
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9th Worcester
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Bill Bowles
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2nd Bristol
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Paul K. Frost
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7th Worcester
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Mark V. Falzone
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9th Essex
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James B. Eldridge
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Middlesex and Worcester
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Michael R. Knapik
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Second Hampden and Hampshire
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Scott P. Brown
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Norfolk,
Bristol and Middlesex
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Harriette L. Chandler
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First Worcester
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Thomas P. Kennedy
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Second Plymouth and Bristol
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James E. Timilty
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Bristol and Norfolk
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Jennifer L. Flanagan
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Worcester and Middlesex
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Joan M. Menard
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First Bristol and Plymouth
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Susan C. Tucker
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Second Essex and Middlesex
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Marc R. Pacheco
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First Plymouth and Bristol
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Joyce A. Spiliotis
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12th Essex
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Jennifer Benson
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37th Middlesex
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Thomas J. Calter
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12th Plymouth
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Donald F. Humason, Jr.
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4th Hampden
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Matthew C. Patrick
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3rd Barnstable
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James Dwyer
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30th
Middlesex
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Tom Sannicandro
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7th Middlesex
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Cleon H. Turner
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1st Barnstable
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Colleen M. Garry
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36th Middlesex
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John D. Keenan
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7th Essex
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Bradley H. Jones, Jr.
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20th Middlesex
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John V. Fernandes
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10th Worcester
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Joseph F. Wagner
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8th Hampden
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Danielle W. Gregoire
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4th Middlesex
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John J. Binienda
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17th Worcester
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James T. Welch
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6th Hampden
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Kay Khan
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11th Middlesex
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David M. Torrisi
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14th Essex
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Cheryl A. Coakley-Rivera
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10th Hampden
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Steven A. Tolman
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Second Suffolk and Middlesex
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Geraldo Alicea
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6th Worcester
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John F.
Quinn
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9th Bristol
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Katherine Clark
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32nd Middlesex
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A. Stephen Tobin
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2nd Norfolk
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Christopher G. Fallon
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33rd Middlesex
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Bradford R. Hill
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4th Essex
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Steven M. Walsh
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11th Essex
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Viriato Manuel deMacedo
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1st Plymouth
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Robert L. Rice, Jr.
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2nd Worcester
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William
N. Brownsberger
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24th Middlesex
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Kathi-Anne Reinstein
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16th Suffolk
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Mary E. Grant
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6th Essex
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James Arciero
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2nd Middlesex
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Kevin J. Murphy
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18th Middlesex
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Karen E. Spilka
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Second Middlesex and Norfolk
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James E. Vallee
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10th Norfolk
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Allen J. McCarthy
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7th
Plymouth
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Paul McMurtry
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11th Norfolk
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Anne M. Gobi
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5th Worcester
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Kevin G. Honan
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17th Suffolk
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Steven J. D'Amico
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4th Bristol
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Timothy Madden
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Barnstable, Dukes and Nantucket
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Lida E. Harkins
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13th Norfolk
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Robert P. Spellane
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13th Worcester
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Elizabeth A.
Malia
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11th Suffolk
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Marie P. St. Fleur
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5th Suffolk
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Pam Richardson
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6th Middlesex
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Timothy Madden
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Barnstable, Dukes and Nantucket
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Sean Curran
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9th Hampden
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Kate Hogan
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3rd Middlesex
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Ann-Margaret Ferrante
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5th Essex
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Peter J. Koutoujian
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10th Middlesex
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William G. Greene, Jr.
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22nd Middlesex
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Carlo P. Basile
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1st Suffolk
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Anthony D. Galluccio
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Middlesex, Suffolk and Essex
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Carolyn Dykema
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8th Middlesex
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Kevin Aguiar
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7th Bristol
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Paul Kujawski
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8th Worcester
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Jeffrey Davis Perry
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5th Barnstable
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Barbara A.
L'Italien
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18th Essex
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Alice Hanlon Peisch
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14th Norfolk
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Sean Garballey
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23rd Middlesex
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Jay R. Kaufman
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15th Middlesex
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Richard J. Ross
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9th Norfolk
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Timothy J. Toomey, Jr.
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26th Middlesex
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James E. Timilty
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Bristol and Norfolk
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Elizabeth Poirier
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14th Bristol
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Cory Atkins
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14th Middlesex
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Brian A. Joyce
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Norfolk, Bristol and Plymouth
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Daniel K. Webster
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6th Plymouth
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Susan C. Fargo
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Third Middlesex
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Karyn E. Polito
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11th Worcester
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Todd M. Smola
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1st Hampden
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Lewis G. Evangelidis
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1st Worcester
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Brian Michael Ashe
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2nd
Hampdon
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James Cantwell
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4th Plymouth
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Barry R. Finegold
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17th Essex
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Stanley C. Rosenberg
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Hampshire and Franklin
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Thomas P. Conroy
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13th Middlesex
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The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An
Act relative to an appeal process of motor vehicle insurance surcharges under managed competition.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter
175E of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by i8nserting after Section 7 the following new section:-
Section 7A. Any insured aggrieved by any determination of an insurer as to the application of any provision
of an insurer’s merit rating plan filed and approved by the commissioner pursuant to regulations promulgated in accordance with Section 10 of this chapter and section 15 of Chapter 175A, may within thirty days thereafter, file a written complaint with the
board of appeals on motor vehicle policies and bonds, hereinafter called the board. Such complaint shall be accompanied by a filing fee to be determined by the board. The board may deny such appeal without a hearing on the basis of the standards of fault
to be promulgated by the board. In the notice of its decision to deny the complaint by the insured, the board shall notify the insured that he has a right to a hearing on the application of the safe driver insurance plan.
The board shall provide the ins
urer and the insured with at least ten days notice of any hearing held under this section. If, after a hearing, the board finds that the application of the safe driver insurance plan was in accordance with the standards promulgated by the board and an ins
urer’s provisions of the safe driver insurance plan approved by the commissioner, it shall deny the appeal. If the board finds that the insurer’s application of the safe driver insurance plan was not in accordance with said standards and provisions, it sh
all order the insurer to make the appropriate premium adjustment. The board may designate a person to act as a hearing officer pursuant to this section. The hearing officer shall file a memorandum of his findings or order in the office of the board, and
shall send a copy to the insurer and the insured.
Any person or company aggrieved by any finding or order of the board may appeal therefrom to the superior court department of the trail court, pursuant to the provisions of section fourteen of chapter thir
ty A. The appellant shall file with his appeal a duly certified copy of the complaint and of the finding and order thereon, and, if the appeal is taken from a finding and order of the board in respect to a cancellation, the clerk of such court shall forth
with, upon the filing of such an appeal, give written notice of the filing thereof to the registrar of motor vehicle and to the appellee. Said court shall, after such notice to the parties as it deems reasonable, give a summary hearing on such appeal and
shall have such jurisdiction in equity to review all questions of fact and law, and to affirm or reverse such finding or order and may make any appropriate decree. Said court or justice may allow such appeal, finding or order to be amended. The decisio
n of the court or justice shall be final. The clerk of such court shall, within two days after entry thereof, send an attested copy of the decree to each of the parties and the commissioner and to said registrar, or his office. Said court or justice may
make such order as to costs as it or he deems equitable. Said court may make reasonable rules to secure prompt hearings on such appeals and a speedy disposition thereof.
