· 3/31/1981
DiLoreto v. Fireman's Fund Insurance
Citations
- 418 N.E.2d 612
- 383 Mass. 243
- 1981 Mass. LEXIS 1156
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing Board’s expertise in establishing presumptions and determining relative degrees of fault
- evaluating under due process clause insurance regulation creating presumption of fault regarding certain types of automobile accidents
- evaluating under due process clause insurance regulation creating presumption of fault regarding certain types of automobile accidents
- upholding the delegation of authority in a merit rating system which allows private insurers to assess surcharges when the insurer determines the insured was in excess of 50% at fault
- “Since we uphold the use of the presumption, we disagree... that the Board’s decision was not supported by substantial evidence”
- the evidentiary presumption created by 211 Code Mass. Regs. 74.04(18) (1978) did not violate due process, because it was rebuttable, and because there was a rational connection between the circumstances set out in the presumption and the occurrence of accidents
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Braucher, Kaplan, Wilkins, Abrams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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