Massachusetts Supreme Judicial Court Issues Ruling on Residual Market Auto Reform.WEBSTER, Mass. -- The Commerce Group, Inc. (NYSE NYSE See: New York Stock Exchange :CGI CGI in full Common Gateway Interface. Specification by which a Web server passes data between itself and an application program. Typically, a Web user will make a request of the Web server, which in turn passes the request to a CGI application program. ) - The Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere. today issued its decision in the case of The Commerce Insurance Company v. Commissioner of Insurance, ruling (on appeal from the Superior Court) that the Massachusetts Commissioner of Insurance has the authority to create an assigned risk plan An insurance plan created and imposed by state statute under which persons who normally would be denied insurance coverage as bad risks are permitted to purchase insurance from a pool of insurers who must offer coverage to such individuals. to manage the allocation of high-risk drivers in the state. "Although the Court concluded that the Commissioner has the authority to implement an assigned risk plan, the decision by no means requires her to do so," said James A. Ermilio, Executive Vice President of Massachusetts Insurance Operations for The Commerce Insurance Company. "In fact, since the Romney-Healey Administration first presented their assigned risk plan in 2004, insurance premiums have fallen markedly and are expected to fall again in 2007, while the residual market deficit has plummeted and fraud fighting initiatives have proven extremely successful. In addition, the Commissioner has redistributed re·dis·trib·ute tr.v. re·dis·trib·ut·ed, re·dis·trib·ut·ing, re·dis·trib·utes To distribute again in a different way; reallocate. Adj. 1. the involuntary involuntary adj. or adv. without intent, will, or choice. Participation in a crime is involuntary if forced by immediate threat to life or health of oneself or one's loved ones, and will result in dismissal or acquittal. INVOLUNTARY. market burden among insurers." "Taken together, these changes remedied the perceived inequities in the system and have greatly eliminated the need for the overhaul proposed by the Romney-Healey Administration. It would make no sense for the Commissioner to continue with her outdated out·dat·ed adj. Out-of-date; old-fashioned. outdated Adjective old-fashioned or obsolete Adj. 1. plan to implement an assigned risk plan, which consumer advocates and legislators have characterized as a 'consumer unfriendly' system," said Ermilio. "Consumers would find themselves rejected by companies of their choice and assigned involuntarily in·vol·un·tar·y adj. 1. Acting or done without or against one's will: an involuntary participant in what turned out to be an argument. 2. to another carrier for reasons such as credit, education or other non-driving related factors." In the past, Ermilio has characterized the Commissioner's proposal as potentially disruptive for agents, consumers and the industry and makes it easier for companies to leave the state. Currently, Massachusetts operates under a joint underwriting Underwriting 1. The process by which investment bankers raise investment capital from investors on behalf of corporations and governments that are issuing securities (both equity and debt). 2. The process of issuing insurance policies. system where agents are assigned to insurance companies versus the assignment of individual risks. Pending further information from the Commissioner, Mr. Ermilio noted that the Company is unable to determine the overall impact of this decision. About The Commerce Group, Inc. The Commerce Group, Inc. is headquartered in Webster, Massachusetts Webster is a town in Worcester County, Massachusetts, United States. The population was 16,415 at the 2000 census. For geographic and demographic information on the census-designated place Webster, please see the article Webster (CDP), Massachusetts. . Property and casualty insurance subsidiaries include The Commerce Insurance Company and Citation Citation (foaled 1945) U.S. Thoroughbred racehorse. In four seasons he won 32 of 45 races, finished second in ten, and third in two. He won the 1948 Triple Crown, and became the first horse to win $1 million. He set a world record in 1950 by running a mile in 1:33 3/5. Insurance Company in Massachusetts, Commerce West Insurance Company in California, and American Commerce Insurance Company in Ohio. Through its subsidiaries' combined insurance activities, the Company is ranked as the 19th largest personal automobile insurance group in the country by A.M. Best Company, based on 2005 direct written premium information. The Company and its insurance subsidiaries are rated A+ (Superior) by A.M. Best. Forward-Looking Statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. This press release may contain statements that are not historical fact and constitute "forward-looking statements" within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act. Statements about our expectations, beliefs, plans, objectives, assumptions or future events or performance are not historical facts and may be forward-looking. These statements are often, but not always, made through the use of words or phrases such as "anticipates," "estimates," "plans," "projects," "continuing," "ongoing," "expects," "may," "will," "could," "likely," "should," "management believes," "we believe," "we intend," and similar words or phrases. These statements may address, among other things, our strategy for growth, business development, regulatory approvals, market position, expenditures, financial results and reserves. Accordingly, these statements involve estimates, assumptions and uncertainties that could cause actual results to differ materially from those expressed in them. All forward-looking statements are qualified in their entirety by reference to the factors discussed throughout this press release and in our Forms 10-K and 10-Q, and other documents filed with the SEC. Among the key factors that could cause actual results to differ materially from forward-looking statements: --the possibility of severe weather, terrorism and other adverse catastrophic experiences; --adverse trends in claim severity or frequency and the uncertainties in estimating property and casualty losses; --adverse state and federal regulations and legislation; --adverse judicial decisions; --adverse changes to the laws, regulations and rules governing the residual market system in Massachusetts; --fluctuations in interest rates and the performance of the financial markets in relation to the composition of our investment portfolio; --premium rate making decisions for private passenger automobile policies in Massachusetts; --potential rate filings; --heightened competition; --our concentration of business within Massachusetts and within the personal automobile line of business; --market disruption in Massachusetts, if competitors exited the market or become insolvent INSOLVENT. This word has several meanings. It signifies a person whose estate is not sufficient to pay his debts. Civ. Code of Louisiana, art. 1980.. A person is also said to be insolvent, who is under a present inability to answer, in the ordinary course of business, the responsibility ; --the cost and availability of reinsurance The contract made between an insurance company and a third party to protect the insurance company from losses. The contract provides for the third party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract. ; --our ability to collect on reinsurance and the solvency of our reinsurers; --the effectiveness of our reinsurance strategies; --telecommunication and information systems problems, including failures to implement information technology projects timely and within budget; --our ability to maintain favorable fa·vor·a·ble adj. 1. Advantageous; helpful: favorable winds. 2. Encouraging; propitious: a favorable diagnosis. 3. ratings from rating agencies, including A.M. Best, S&P, Moody's and Fitch; --our ability to attract and retain independent agents; --our ability to retain our affinity relationships with AAA AAA: see American Automobile Association. (Triple A) A common single-cell battery used in a myriad of electronic devices of all variety. Like its double A (AA) cousin, it provides 1.5 volts of DC power. When used in series, the voltage is multiplied. clubs, especially in Massachusetts; --our dependence on a key third party service vendor for our automobile business in Massachusetts; --our dependence on our executive officers; and --the economic, market or regulatory conditions and risks associated with entry into new markets and diversification Diversification A risk management technique that mixes a wide variety of investments within a portfolio. It is designed to minimize the impact of any one security on overall portfolio performance. Notes: Diversification is possibly the greatest way to reduce the risk. . You should not place undue reliance on any forward-looking statement. The risk factors referred to above could cause actual results or outcomes to differ materially from those expressed in any forward-looking statement made by us or on our behalf. Further, any forward-looking statement speaks only as of the date on which it is made, and we undertake no obligation to update any forward-looking statement to reflect events or circumstances after the date on which the statement is made or to reflect the occurrence of unanticipated events. New factors emerge from time to time, and it is not possible for us to predict which factors will arise. In addition, we cannot assess the impact of each factor on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements. |
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