NOTICE OF HEARING

Docket No. R2014-02
Massachusetts Property Insurance Underwriting Association
(“FAIR Plan”) Rate Filing for Dwelling Liability Insurance

            Pursuant to M. G. L. c. 175C, §5, a hearing will be take place at 10:00 a.m. on February 5, 2015, at the offices of the Division of Insurance (“Division”), 1000 Washington Street, Boston, MA, to consider whether the Commissioner of Insurance should approve a filing for Dwelling Liability coverage to be insured through the Massachusetts Property Insurance Underwriting Association (“MPIUA”), also known as the FAIR Plan.  The MPIUA has submitted a rate filing that includes rate, rule and form provisions for a new product, Dwelling Liability Insurance.  The proposed effective date for the filing is January 7, 2015.  The MPIUA filing may be examined at the Division’s offices during normal business hours.

            The hearing shall be conducted in accordance with the provisions of General Laws, c. 174A, c. 175A, c. 175C, and c. 30A; and 211 CMR 101.00, et seq.  Any person who wishes to make an oral statement on February 5 is asked to submit a Notice of Intent to Make a Statement on or before February 4, 2015.  Notices of Intent may be sent to the Docket Clerk, Massachusetts Division of Insurance, at the address shown below or by electronic mail to Doidocket.Mailbox@state.ma.us.  All other persons will be heard after those who submit such notice. 

Any person, other than the State Rating Bureau or a statutory intervenor, who wishes to appear and present testimony in this matter may file a written petition for leave to intervene or to participate, which includes any data that the petitioner intends to introduce at the hearing, no more than four business days after publication of this hearing notice, and must serve the petition on the MPIUA, the State Rating Bureau and any statutory intervenor that appeared in the most recent hearing on MPIUA rates.  The MPIUA, the State Rating Bureau and any statutory intervenor who has filed a notice of appearance shall file any response to the petitions to intervene or to participate within five days after service of the petition.  

The State Rating Bureau and any statutory intervenor shall promptly commence discovery pursuant to 211 CMR 101.08 (2). Discovery shall be conducted utilizing the definitions applicable to discovery set out in Massachusetts Superior Court Standing Order 1-09.  The parties shall further comply with the principles in that order applicable to  requests for the production of documents, within the time frames set out in 211 CMR 101.08 (2)(b).  Motions relating to discovery disputes shall be filed in accordance with the time permitted under 211 CMR 101.08 (2)(b).

A prehearing conference pursuant to 211 CMR 101.08 (1) will take place at the Division on February 5, 2015, immediately following the conclusion of the public comment portion of the hearing.  The conference will address the topics listed in 211 CMR 101.08 (1) and scheduling matters.  All parties, including those who have been given permission to intervene or to participate must attend. 

            All submissions shall reference Docket No. R2014-02 and shall be addressed to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200. 

 

 

Dated: January 7, 2015                                              _________________________

                                                                                    Gary D. Anderson

                                                                                    Acting Commissioner of Insurance