Section 9. No insurer or rating organization shall file in bad faith rates which it knows or should know are grossly inadequate for the insurance coverage provided, and which are filed and used for the purpose of unfairly competing for motor vehicle insurance risks.
At any hearing conducted under this section, the burden shall be on the filer to justify that such filing is not in violation of this section. If, after such hearing, the commissioner finds that the filer has failed to so justify such filing, he may order that all policies written under such bad-faith filing be rewritten at rates meeting the requirements of this chapter from the date of inception of such policies, or that all such policies be cancelled on a pro rata basis.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 175e - Regulation of Rates for Motor Vehicle Insurance
Section 2 - Application of Chapter
Section 3 - Application of Chapter 175a
Section 4 - Standards Applicable to Making and Use of Rates
Section 5 - Fixing Rates; Hearing; Report
Section 6 - Antitrust Provisions; Monopolies; Price Fixing; Restraints of Trade, Etc.
Section 7 - Manual of Classifications, Rules and Rates; Filing; Copies
Section 7a - Appeal of Application of Provision of Safe Drive Insurance Plan or Merit Rating Plan
Section 8 - Investigations by Commissioner; Hearings; Disapproval or Suspension of Rates
Section 9 - Bad-Faith Filing; Hearings
Section 10 - Alteration or Amendment of Rules and Regulations
Section 11 - Information Guide
Section 11a - Disclosure of Coverage Options