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(DOWNLOAD) "Massachusetts Association Independent" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

Massachusetts Association Independent

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eBook details

  • Title: Massachusetts Association Independent
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 09, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

Allegations in a declaratory proceeding against the Commissioner of Insurance by a trade association of licensed insurance agents and brokers in their individual capacities, setting forth a dispute over the defendant's interpretation of G. L. c. 175, § 193R, and the validity of a regulation issued by him pursuant to such interpretation, and claiming injury to the plaintiffs in the conduct of their business and loss of customers due to unfair competition contrary to legislative policy, established both an ""actual controversy"" under c. 231A, § 1, and standing of the plaintiffs to secure resolution of the dispute. [292-296] A trade association incorporated under G. L. c. 180, with a membership of many licensed insurance agents and brokers, and authorized by statute to sue and be sued, should be recognized as the ""real party in interest"" under Mass. R. Civ. P. 17 (a), 365 Mass. 763 (1974), and entitled to bring a proceeding on behalf of its unnamed members for a declaratory judgment respecting a regulation issued by the Commissioner of Insurance. [296-298]


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