SmartBrief
Confirm favorite deletion?
Banking Law Keyed to Barr, 3rd Ed.
Massachusetts Auto Rating & Accident Prevention Bureau v. Commissioner of Insurance
Citation:
453 N.E.2d 381 (1983)Facts
The Commissioner of Insurance established the 1983 automobile insurance rates after hearings in which the bureau, the State Rating Bureau, and the Attorney General participated. The bureau had recommended an 18.5% rate increase, but the Commissioner established rates with a much smaller increase. The Commissioner determined total premiums based on three factors: allowance for losses (payment of claims), allowance for company expenses, and allowance for underwriting profits. The plaintiffs challenged several aspects of the Commissioner’s methodology, particularly regarding the profit provisions and loss provisions. For profit provisions, they disputed the Commissioner’s use of a 28% effective tax rate in the statutory/regulatory model company (rather than the nominal 46% rate) and his choice of surplus allocation model. For loss provisions, they challenged the Commissioner’s projections regarding property damage liability claim frequency, the “energy effect” on driving, the impact of drunk driving laws, and the effect of the Hospital Cost Containment Act on bodily injury insurance costs.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.