Massachusetts General Laws ch. 175C sec. 7 – Denial of association; review
Section 7. The denial by the association of a part or all of the coverage requested by an eligible applicant, and any other decision requiring improvements to be made or loss prevention measures to be taken as a condition of providing basic property insurance shall be subject to review by the commissioner if an eligible applicant files an appeal with the commissioner within ten days of any such denial or decision. On receipt of any such appeal the commissioner shall cause an investigation of the facts to be made, shall grant all interested parties an opportunity to be heard and shall enter such finding, order or decision as he deems will best meet the purposes of this chapter.
Terms Used In Massachusetts General Laws ch. 175C sec. 7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Any person aggrieved by any such finding, order or decision and any person aggrieved by any other rule or regulation of the commissioner made pursuant to this chapter may, within ten days of the filing of any such finding, order, decision, rule or regulation in the office of the commissioner, appeal therefrom to the superior court, for the county in which the complainant resides. The court shall, after such notice to the parties as it deems reasonable, hold a summary hearing on such appeal and shall have jurisdiction in equity to review all questions of fact and law, and to affirm or reverse such finding or order and to make any appropriate decree. The decision of the court shall be final and binding on all parties and may include such order as to costs as the court deems equitable.