# Westland Housing Corp. v. Commissioner of Insurance

> Massachusetts Supreme Judicial Court · April 13, 1967 · 352 Mass. 374

URL: https://www.frixlaw.com/law-library/cases/9744119

## Case

- **Full name:** Westland Housing Corporation & Others vs. Commissioner of Insurance & Another
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** April 13, 1967
- **Citations:** 352 Mass. 374; 225 N.E.2d 782; 1967 Mass. LEXIS 812
- **Precedential status:** Published
- **Opinion:** Concurrence by Whittemore
- **Judges:** Spalding, Whittemore, Kirk, Spiegel, Reardon
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9744119

## Opinion text

Whittemore, J.
(concurring) Mr. Justice Spalding and I would hold that each plaintiff was an “employer to whom a policy . . . [was] issued pursuant to” G-. L. c. 152, § 65A, so that there was a right of appeal under § 65K. There was initially an appeal to the division, and the Commissioner’s prior agreement to the plan to have the Bureau assign the risks was in a sense a designation by the Commissioner of whatever insurers the Bureau assigned. The plaintiffs, as a result of what took place, held assigned risk policies and § 65K intends that the holders of such policies have a right of appeal in respect of the premiums.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9744119. Public record. Not legal advice.