Hearing Scheduled for December 19, 2007
In accordance with the authority granted to the Commissioner of Insurance under Chapter 175E, Section 7 of the Massachusetts General Laws and 211 C.M.R. 79.00, et seq, and at the request of the Attorney General, the Division of Insurance ("Division") will hold a pre-hearing conference at 10:00 a.m. on December 19, 2007 at its offices at One South Station, Boston, MA, regarding the private passenger motor vehicle rate filing of the Commerce Insurance Company ("Commerce") dated November 19, 2007. A hearing of this matter is scheduled for January 9, 2008. The purpose of the pre-hearing conference is to identify all discovery and miscellaneous issues and to schedule dates for the submission of testimony and documents. The following issues and dates will be addressed at the pre-hearing conference.
The Parties, who are the Attorney General and Commerce, are required to submit to the Commissioner of Insurance (the "Commissioner") at the pre-hearing conference a list of all discovery requests, if any. Requests should not be made for documents or information already in the possession, custody or control of a Party. Furthermore, Parties will be expected to articulate the basis for any such requests. The Parties will be ordered to comply with any and all discovery no later than the close of business on December 31, 2007.
The Parties will be required to submit to the Commissioner of Insurance and to serve on the other Party, a list of all witnesses whose testimony the Party seeks to submit at the hearing by January 2, 2008. This list must include the occupation and qualifications of each witness, a statement of the subject matter about which each witness intends to testify and a general summary of the witnesses' opinions. The Parties also must submit to the Commissioner by January 2, 2008, and serve on the other Party, a list of the documents that the Party intends to introduce at the hearing. If either Party objects to the submission of testimony of any witness or the introduction of any of these documents, it must submit its objections in writing to the Commissioner and to the other Party no later than January 4, 2008.
All direct testimony must be submitted in writing to the Commissioner and to the other Party in a question and answer, or narrative, format no later than January 5, 2008. Such testimony must be sworn under the penalties of perjury. The Parties will be permitted to conduct cross-examination of all witnesses whose written testimony was submitted at the hearing on January 9th.
All other miscellaneous matters will be addressed at the pre-hearing conference.
Dated: December 12, 2007