M.G.L.A. 175A § 5C

1. Jurisdiction of Commissioner

Under doctrine of primary jurisdiction, physician challenging medical malpractice insurance rates under consumer protection law would be required to press his claim with Commissioner of Insurance, insofar as claim sought prospective relief. Liability Investigative Fund Effort, Inc. v. Medical Malpractice Joint Underwriting Ass'n of Massachusetts (1991) 569 N.E.2d 797, 409 Mass. 734. Administrative Law And Procedure  228.1; Insurance  1545(2)

This section providing Commissioner of Insurance with "power to examine and investigate into the affairs of every person engaged in the business of insurance in this commonwealth in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice" gave Commissioner of Insurance authority to consider physician's challenge to medical malpractice insurance rates under consumer protection law [c. 93A, § 1 et seq.]. Liability Investigative Fund Effort, Inc. v. Medical Malpractice Joint Underwriting Ass'n of Massachusetts (1991) 569 N.E.2d 797, 409 Mass. 734. Insurance  1545(2)