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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.