RECORDS OF MEETING GOVERNING COMMITTEE REVIEW PANEL A meeting of the was held at the offices of Commonwealth Automobile Reinsurers, 100 Summer Street, Boston on WEDNESDAY, JUNE 4, 2003 AT 10:00 A.M. Members present - Mr. Arthur J. Remillard, Jr. Chairman The Commerce Insurance Company Mr. David F. Brussard Mr. James J. Tarpey Safety Insurance Company Tarpey Insurance Group Commonwealth Automobile Reinsurers present - Mr. Ralph A. Iannaco Mr. Michael J. Trovato Mr. Joseph J. Maher, Jr. President Executive Vice President & Treasurer Vice President, General Counsel & Secretary
Records of Meeting -2- June 4, 2003 Commonwealth Automobile Reinsurers present - (continued) Mr. Timothy Costain Mr. John Metcalfe Ms. Kim Tobin Ms. Pamela Wallace Market Relations Manager Director of Administration & Market Relations Administrative Assistant Director of Data Quality Services Also present Mr. Mark Winiker Mr. John Burroughs Mr. Francisco Sa Mr. Robert Suglia Mr. Stephen Slattery Mr. John Kittel Ms. Rohonda Prokos Mr. Earl J. Sylvester Mr. Gerald Hartstone Edward J. Donahue, Esq. Ms. Joanne Borden A Affordable Insurance Agency Amazonia Insurance Agency Amica Mutual Insurance Company Arbella Mutual Insurance Company Coverall Insurance Agency Ferriter Scobbo & Rodophele PC Fireman s Fund Insurance Company Owen Gallagher, Esq. Gallagher & Associates, P. C. Mr. Edward Ruhl Ms. Jesse McSweeney Roberta Fitzpatrick, Esq. Mr. David Bakst Mr. Steven Myers Mr. David Symock Peter T. Robertson, Esq. Mr. Paul Coleman Mr. James Berry The Hanover Insurance Company Massachusetts Division of Insurance Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Morrison Mahoney & Miller Norfolk & Dedham Group OneBeacon Insurance Office of Peter Robertson Safety Insurance Company Chairman, Arthur Remillard, called the meeting to order at 10:00 a.m.
Records of Meeting -3- June 4, 2003 03.01 Records of Previous Meeting A motion was made by Mr. David Brussard and seconded by Mr. James Tarpey to approve the Records of the meeting of April 3, 2003. 02.03 People s Insurance Agency, Inc./Arbella Mutual Insurance Company People s Insurance Agency requested a review of the September 17, 2002 decision of the Market Review Committee, which upheld Arbella Mutual Insurance Company s termination of the agency s Exclusive Representative Producer appointment on the basis of an affiliation between People s Insurance Agency and the Smith, Buckley, and Hunt Insurance Agency. CAR Counsel, Mr. Joseph Maher, advised that both parties had notified CAR of their desire to postpone the matter until the s next meeting. The Panel agreed to continue the matter until its next meeting. 03.03 Metropolitan P & C Insurance Company/R. L. Zizza Insurance Agency, Inc. The Metropolitan P & C Insurance Company requested a review of the February 5, 2003 decision of the Market Review Committee, which reinstated the Exclusive Representative Producer appointment of the R. L. Zizza Insurance Agency. CAR Counsel, Mr. Joseph Maher, advised that the Metropolitan P & C Insurance Company agreed to withdraw its request. 03.04 DiVirgilio Insurance Agency, Inc./Metropolitan P & C Insurance Company The DiVirgilio Insurance Agency requested a review of the February 4, 2003 decision of the Market Review Committee, which declined jurisdiction over this matter as the DiVirgilio Insurance Agency had pending before the Division of Insurance a review of the same subject matter. CAR Counsel, Mr. Joseph Maher, advised that the DiVirgilio Insurance Agency agreed to withdraw its request.
Records of Meeting -4- June 4, 2003 03.05 Arbella Mutual Insurance Company/Coverall Insurance Agency Arbella Mutual Insurance Company is seeking review of the April 10, 2003 decision of the Market Review Committee, which upheld Coverall Insurance Agency s request and directed that Arbella cease and desist from issuing non-renewals for reasons other than those provided in M.G.L., Ch. 175, Sec. 113H, and that Arbella offer to reinstate the impacted policies non-renewed to date. Attorney Roberta Fitzpatrick, representing the Arbella Mutual Insurance Company, stated she was seeking a reversal of the Market Review Committee s decision, and if that could not be done, requested the Panel to modify the decision. She submitted that M.G.L., Ch. 175, Sec. 113H, as the enabling statute sets no specific policy on a company s ability to non-renew, and noted that CAR does not have the authority to decide matters involving fraud, suspicious claims or misrepresentation. Attorney Robert Wholley, representing the Coverall Insurance Agency, requested Panel members Mr. Arthur Remillard and Mr. James Tarpey to recuse themselves based upon the fact that Mr. Remillard had already formed an opinion on this matter at the Governing Committee Meeting of April 16, 2003, and that he was just informed that Mr. Tarpey was an agent for The Commerce Insurance Company. Mr. Tarpey informed the Panel that he has never been an agent for The Commerce Insurance Company. Mr. Wholley apologized for the inaccurate information and withdrew his request. Mr. Remillard agreed to recuse himself from this agenda item. Insofar as Rule 20 requires that the Panel consist of three members able to vote, the Panel, as well as the parties, agreed to report on this matter at the Governing Committee Meeting to be held on June 18, 2003. 03.06 Amica Mutual Insurance Company/A Affordable Insurance Agency, Inc. Amica Mutual Insurance Company is seeking review of the April 10, 2003 decision of the Market Review Committee, which upheld A Affordable Insurance Agency s request and allowed for the purchase of the People s Insurance Agency and retention of the seller s office location, with the requirement that Amica service the additional location. Attorney Richard Wholley, representing A Affordable Insurance Agency, requested Chairman Remillard to recuse himself on the basis that he was informed that Mr. Remillard did not believe it was appropriate for A Affordable Insurance Agency to go through with the purchase of the People s Insurance Agency. Mr. Remillard stated that he had no knowledge of ever having such a conversation, and in fact, had no opinion on this matter whatsoever at this particular time. Attorney Wholley agreed to withdraw, with prejudice, his request that Mr. Remillard recuse himself and stated he would not raise the issue of the appropriateness of Mr. Remillard sitting in on this issue, or any matters that could arise from this issue today, nor would he raise them in the future.
Records of Meeting -5- June 4, 2003 03.06 Amica Mutual Insurance Company/A Affordable Insurance Agency, Inc. (continued) Attorney Edward Donahue, representing the Amica Mutual Insurance Company, requested that the Panel overturn the Market Review Committee s decision. He noted that Amica does not object to the sale of the People s Insurance Agency s book of business to the A Affordable Insurance Agency, but disputes that Amica be requested to service the seller s office location. Attorney Donahue contended that when an Exclusive Representative Producer s appointment is terminated, the office location is terminated as well. He further noted that A Affordable has another location in Brockton and Amica does not believe it should be required to service an additional location in that community for the agency. People s Insurance Agency principal, Mr. Graham Smith, explained that following the termination of his agency s ERP appointment he decided to sell the agency to a buyer who would also assume the lease for the location which has several years left. He noted that to reverse the Market Review Committee decision would damage his livelihood and disrupt the 1,000 plus customers of the agency. Attorney Richard Wholley, representing the A Affordable Insurance Agency, noted that the Market Review Committee s decision was well founded and consistent with past cases and should stand. He noted that historically, the Market Review Committee has always allowed a terminated Exclusive Representative Producer to sell its assets. He further pointed out that Mr. Smith has several years remaining on a lease at the People s Insurance Agency s location and that A Affordable Insurance Agency is willing to assume it as part of the purchase. He argued that there is no specific language in CAR s Rules of Operation that prohibits an agency from opening an additional location in the same area. CAR Counsel, Mr. Maher, clarified that CAR rules do not specifically prohibit an ERP from opening a second location in a community where there already is a market need; however, he noted that there has been a moratorium on this issue for the last five years. A motion was made by Mr. David Brussard and seconded by Mr. James Tarpey to affirm the Market Review Committee s decision to uphold the A Affordable Insurance Agency s request and allow the purchase of the People s Insurance Agency and retention of the seller s office location, with the requirement that Amica service the additional location. Mr. Maher noted that the decision of this Panel is the decision of the Governing Committee unless the Governing Committee on its own motion were to take it under further review, and noted that the next meeting of the Governing Committee is June 18, 2003. Mr. Maher informed the Amica Mutual Insurance Company that this matter can be appealed to the Division of Insurance within 30 days of the receipt of the written decision that will be forthcoming in the next couple of business days. 03.07 Amazonia Insurance Agency/The Hanover Insurance Company The Amazonia Insurance Agency is seeking review of the May 1, 2003 decision of the Market Review Committee, which upheld The Hanover Insurance Company s action in the non-renewal and refusal to rewrite policyholders that have failed to obtain a valid Massachusetts drivers license. Chairman Remillard noted that this agenda item requires a waiver of the 10-day notice requirement.
Records of Meeting -6- June 4, 2003 03.07 Amazonia Insurance Agency/The Hanover Insurance Company (continued) A motion was made by Mr. David Brussard and seconded by Mr. James Tarpey to waive the 10-day notice requirement. Mr. Francisco Sa, President of the Amazonia Insurance Agency, indicated that The Hanover Insurance Company is not renewing or rewriting insureds who have failed to obtain a valid Massachusetts driver s license. He noted that a Massachusetts license must be obtained when a person resides as a Massachusetts resident for more than one year; however, most of his clients are illegal immigrants, not permanent residents, which precludes them from obtaining a Social Security Number. Mr. Sa requested that the overturn the Market Review Committee s decision based upon the fact that The Hanover Insurance Company is requesting that insureds obtain documentation that Massachusetts law will not allow the insureds to receive. He argued that these same insureds are going to secure coverage with another insurance agency whose company has not adopted The Hanover Insurance Company s policy. He felt all insurance companies should comply with the same rules, and noted that if Hanover is allowed to non-renew or not rewrite insureds, it would cause irreparable harm to his agency and most likely put him out of business. Attorney Owen Gallagher, representing The Hanover Insurance Company, requested the Panel to affirm the Market Review Committee s decision, as Hanover is complying with the law and is within its right to non-renew and not rewrite policies, and has a responsibility to do so. He noted that it was Hanover s position that other companies should also non-renew and not rewrite policies if the insured does not have a valid Massachusetts driver s license. A motion was made by Mr. David Brussard and seconded by Mr. James Tarpey to affirm the Market Review Committee s decision to uphold The Hanover Insurance Company s action in the non-renewal and refusal to rewrite policyholders that have failed to obtain a valid Massachusetts driver s license. Mr. Maher noted that the decision of this Panel is the decision of the Governing Committee unless the Governing Committee on its own motion were to take it under further review, and noted that the next meeting of the Governing Committee is June 18, 2003. Mr. Maher informed the Amazonia Insurance Agency that this matter can be appealed to the Division of Insurance within 30 days of the receipt of the written decision that will be forthcoming in the next couple of business days.
Records of Meeting -7- June 4, 2003 Other Business There being no further business, Chairman Remillard declared the meeting adjourned. The meeting adjourned at 11:40 a.m. JOSEPH J. MAHER, JR. Vice President, General Counsel & Secretary Boston, Massachusetts July 3, 2003 Note: These Records have not been approved. They will be considered for approval at the next meeting.