Preview
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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX ss. SUPERIOR COURT
Ciyil Action. No. QUCY GI OC
COMPLAINT FOR JUDICIAL REVIEW
pote ase
(Administrative Agency Proceedings) nntaaentcene,
OFT
FORTH te GOUNTY GF
+
MAR 4 4 2024-
Plaintiff
ce
Hb OF et
commnwealfh ©S¢ prrass achaserts nance
Divisionof 90 incurarce Brod ee aPecal
Defendant
i cman vit dal of apo Cac Accident on i/21 2023
Clea of 2218-153 Z [us Co. Coco 2 ses fi
1. This is a complaint seeking indicia review passantto G.L.c. 30A Sec. 14, G.L. c. 249, Sec
4, or similar statute.
2. Plaintiff, Phrnrd Sbahioecis a resident of the Commonwealth of Massachusetts
and lives at, 29 turnpike Rd Salk 2 faywile naa “el 748
Common wend Ph ofuss Pi Misen of
3. Defendant agency_t: b its Principal office at
(Agenoy) has
lee Wag heagton St Posten m4 o2lig E29 Suit Ble
4. Plaintiffis aggrieved by a decision of defendant agency denying plaintiff's appeal of
Cow Aleit doncr off 1 /Z2)/ 2623 -¢ latin sfe 0S 9798 ISP
Ins Co. Code # 525 foi
Plaintiffs appeal is based on an assertion that the defendant agency’s finding was (Gil in
appropriate lines below, including the facts to support your conclusion):
A. Not supported by substantial evidence because
the accident happend. Nol Sage
Contrary to Law because
becuse 1 swervedte the Leftg Fle Roud
MS She Lys ome Seb
Ls lide,
In excess-of authority because ud lost @ntref
of fe vehille
Based on wlafil Procedure because :
In violation of Constitutional Standard because
*
“
FE Arbitrary aad capricious because
Wherefore Plaintiff requests the following relief:
NAME , oo Signed uader:the penalties of perjury
ADDRESS 64 Turn pilee Rd Bag Ae
fey ulle M49 5l7Ys
Date. 03 Ll l2e22t)
TELEPHONE £17
- 966-3317
COMMONWEALTH OF MASSACHUSETTS
i DIVISION OF INSURANCE
a% BOARD OF APPEAL
1000 Washington Street ,Suite 810 » Boston, MA 02118-6200
5 he (877) 563-4467 * FAX (617) 521-7772
https:/Avww.mass.gov/the-board-of-appeal
AHMAD A SHUHIBAR Accident Date 112112023
69 TURNPIKE RD
SOUTHBOROUGH, MA 01772-2109 Ins Co. Code: 525/ TL.
Claim No. 052298758
HEARING NOTICE
— A virtual at-fault appeal hearing has been scheduled, regarding the accident noted above, for the following date and time
DO NOT APPEAR AT A HEARING LOCATION. ALL HEARINGS ARE CONDUCTED VIRTUALLY (Telephone or Video).
Wednesday, February 07, 2024, at 12:00 PM,
VIRTUAL HEARINGS:
You may participate in the Microsoft Teams virtual hearing by telephone or video. You will need a computer, a tablet of a telephone
(mobile or landline). On the hearing date, you may join using the telephone number with meeting ID or Microsoft Teams video
conference. If joining by video, you may be required.download the Microsoft TEAMS application.
In order for you to receive the link to Microsoft TEAMS, you must provide the Board with an email address or mobile telephone
number (See below).
CONTACT THE BOARD OF APPEAL TO PROVIDE AN EMAIL ADDRESS & MOBILE NUMBER. Email: BOAcontact@mass.gov
(include your Name and Hearing Date in the subject line). An invitation with instructions will then be emailed to you 2 days before the
date of the hearing. On the hearing date, once you've joined, you will be in a virtual waiting room and called into the hearing when it is
your turn. Wait times-may be up to one hour or longer.
This hearing is held in accordance with M.G.L. Ch. 30A and Ch. 175 Sec. 113P. Ifyou wish to submit any materials as evidence it must
arrive 5 days prior to the hearing date if mailed or 2 days via email to BOAaccident@mass.gov. (include your Name and Hearing
Date in the subject line). Please do not submit videos, audio files, cd's, dvd's, flash drives, cell phones, etc. as they will not be
accepted.
NOTE: For an authorized representative to appear on behalf of an appellant, there must be-a written and signed authorization allowing
the appearance as well as written testimony from the appellant describing the accident. (submitted 5 days in advance)
NOTE: Language interpretation services are not provided by the Board of Appeal, those requiring interpretation services must provide
their own interpreter.
WRITTEN STATEMENT HEARINGS (TO BE USED IF YOU ARE NOT ATTENDING VIRTUAL HEARING)
If an Appellant does not want to participate in a virtual hearing, they may also choose to have their hearing conducted
administratively, a written hearing instead of a personal appearance by signing, dating below and returning to the Board of Appeal
atleast 5 days prior to the scheduled appeal date.
Ifyou wish to submit any materials as evidence they must be included with this signed statement.
Sign Date
By submitting this affidavit in lieu of my personal appearance, | authorize the Board to use any previously submitted materials as well
as any information | have chosen to include with this affidavit. | acknowledge that by waiving my right to oral testimony, no further
hearing before the Board will be granted. | hereby affirm that all information which | have submitted is truthful and is signed under the
pains and penalties of perjury.
SS73e7 F2Y6 fom 2959 USY (te
Docket ID: 31427 / Appeal ID: 698683 / AppellantID: 377119
Insurance Surcharge - Hearing Notice i a Generated Date: 1/11/2024
COMMONWEALTH OF MASSACHUSETTS
DIVISION OF INSURANCE
BOARD OF APPEAL
1000 Washington Street ,Suite 810 - Boston, MA 02118-6200
TEL (877) 563-4467 + FAX (617) 521-7772
hitps://www.mass. sovithe-board-of-appeal
AHMAD A SHUHIBAR Filed in the Office of the Board 2/8/2024
69 TURNPIKE RD é
Accident Date: 1/21/2023
SOUTHBOROUGH, MA 01772-2109
USA Ins Co. Code: $25/ TL
Claim No.: 052298758
MEMORANDUM OF FINDING AND ORDER
The above referericed matter was before the Board of Appeal on Wednesday, February 07, 2024.
ISSUES BEFORE THE BOARD
Pursuant to the requirements of the Safe Driver Insurance Plan, (Massachusetts General Laws Chapter 175
§ 113P) to establish classifications of risks to equitably reflect the driving records of insureds and adjust
premiums based in part on at fault accidents and to reflect an aggregate credit to safe driver's premiums,
the Board has promulgated the Standards of Fault to determirie whether a driver is mo re that 50% at fault in
causing an accident. 211 C.M.R. § 74.03 et seq.
In accordance with Standard of Fault no. 19, "The operator of a vehicle subject to the Safe Driver Insurance
Plan shall be presumed to be more than 50%_at fault when operating the only vehicle involved in a collision."
211 C.MLR. § 74.04 (19). This presumption as to fault is "determined unless and until the operator
overcomes the presumption by producing sufficient evidence at an initial review or hearing held in
accordance with the rules of the Board.” 211 C.M.R. § 74.03
FINDINGS OF FACT.
Upon review of the governing laws and regulations, the evidence presented and the appellant's contentions,
the Hearing Officer finds the following facts:
i) an accident occurred on 1/21/2023
ii) in accordance with 211 C.M.R. § 134.04(3), appellant's insurance company made a claim payment in
excess of $1000.00;
iii) appellant was the only vehicle involved in the accident;
iv) appellant's actions were the cause of the collision;
v) collission occurred at 9:30 pm on White Bagley Road in Southborough, MA. Weather conditions were
described as rain/snow and roads were covered by the appellant. The appellant stated he was traveling at a
speed of 20 mph in a 25 mph zone’and as he was coming around a bend in the road an unknown vehicle
was coming into his lane of travel from the oncoming lane. The appellant swerved to the left to avoid the
vehicle and hit the guardrail on the left side of the roadway. Damages were paid to the appellant in excess
of $9,000. The appellant did not notify authorities of the collission, the erratic operator or the potential
damagg to the guardrail and left the scene. To contest fault the appellant stated the accident was caused by
the unknown vehicle that he attempted to avoid. Based on the totality of information submitted and
reviewed, the appellant was unable to overcome the presumption of fault. Appellant failed to maintain
- Insurance Surcharges - Uphold Generated Date: 2/26/2024
the
control of his vehicle, swerved into the oncoming lane and did not notify authorities of the collission with
supporting documenta tion
guardrail nor the erratic operator he claimed was the cause of the collission. No
was presented by appellant fo support the details of the collision's circumstances. Surcharge is upheld.
‘
CONCLUSIONS
Appellant AHMAD A SHUHIBAR failed to exercise due care in the control and operation of appellant's
vehicle because appellant's actions were the cause of the collision, which could have been avoided.
In light of the fact that the totality of the evidence supports the application of the presumption created by the
Standard of Fault no. 19 and based upon consideration of the foregoing, it is determined by the Board that
hearing officer,
the appellant did not overcome the presumption created by Standard of Fault no. 19. This
Board
therefore, finds that the surcharge is in accordance with the Standards of Fault promulgated by the
(211 C.M.R. § 74.00 et seq.) and the provisions of the Safe Driver Insurance Plan established by the
Commissioner of Insurance.
ORDER
The Board therefore UPHOLDS the surcharge and ORDERS that the surcharge be appliéd in compliance
with the Safe Driver Insurance Plan.
Tercca Leonard
A True Copy Attest: Audrey Martwli, Eeg
Hearing Officer Audrey Marinelli, Esq
Chairperson, Board of Appeal
Please submit any questions or concerns regarding this notice, in writing, to the above address.
No phone calls please.
Original Date of Issue: 2/26/2024
Uphold
- Appellant Copy
Docket ID: $1427 1 Appeal1D: 350688 7 AppellantID: 377119
Insurance Surcharges - Uphold Generated Date: 2/26/2024
Procedure For Appeals To Superior Court.
. Any person aggrieved by a finding. of the Board may appeal such finding to the Superior Court pursuant to =
the provisions of M.G.L. c. 30A §14 and c. 175 §113P and Superior Court Standing Order 196, as modified
April 8, 2002 (copies are available through the Superior Court Clerk's Office). In order to appeal to Superior
Court, an appellant must:
1) Obtain a certified copy of the Board’s finding and the original surcharge appeal. To obtain a
rtified copy the appellant must submit to the Board a) their name and date of hearing; and b) a check or
money order for $20.00 (twenty dollars) made payable to the Commonwealth of Massachusetts to: Board
of Appeal, 1000. Washington St., Suite 810, Boston, MA 02118-6200.
2) File the certified copy and a Chapter 30A Complaint (available at any Superior Court Clerk's
Office), within thirty (30) days after receipt of the Board’s decision, with the Superior Court Clerk of Suffolk ~
County or the county in which the appellant resides. The Court will require you to pay a filing fee.(fees vary
by Court and range from $275.00 & up.)
3) Serve one copy of the Chapter 30A Complaint upon the Board of Appeal, one copy to the Attorney
.
General's Office and one upon the insurer.
4) If appellant is alleging the Board’s decision is not supported by substantial evidence, is arbitrary or
capricious, of an abuse of discretion, the appellant is required to provide the Court with a transcript, or
portions thereof. This request for a transcript must be made by appellant within 30 days after service of the
Complaint: The costs for preparing the transcript must be paid by appellant.
The Court will not hold a de novo “new trial’ to hear any additional testimony or evidence about whether you
were more than 50% at fault, nor will:the Court make new factual findings different from the Board's. Under
the pertinent statute, the Court’s review is ordinarily limited:to determining whether the Board’s decision is
supported by substantial evidence in the record as a whole. G.L. ch. 30A §14(5), (7). “Substantial evidence”
is “such evidence as a reasonable mind might accept as adequate to support a conclusion.” G.L. ch. 30A §1
(6). The requirement of substantial evidence means the Court does not have the power to make anew
determination of the facts, to draw different inferences from the facts found by the Board, or to make different
credibility choices. etirem rd of Bros v. Contribut Retirem Appeal Bo: 33 Mass. App.
Ct. 478; 480 (1992), rev. denied, 414 Mass 1101 (1992).
The Court may overturn the Board's decision if the Court finds that the substantial rights of any party were
prejudiced, because the Board's finding is not supported by substantial evidence, based upon a
constitutional violation, an error of law, or unlawful procedure; or arbitrary or capricious, an abuse of
discretion, or otherwise not in accordance with law. G.L. ch. 30A §14(7).
»& att
Insurance Surcharges - Uphold Generated Date: 2/26/2024
Preview
4A _ COMMONWEALTH OF MASSACHUSETTS MIDDLESEX ss. SUPERIOR COURT Ciyil Action. No. QUCY GI OC COMPLAINT FOR JUDICIAL REVIEW pote ase (Administrative Agency Proceedings) nntaaentcene, OFT FORTH te GOUNTY GF + MAR 4 4 2024- Plaintiff ce Hb OF et commnwealfh ©S¢ prrass achaserts nance Divisionof 90 incurarce Brod ee aPecal Defendant i cman vit dal of apo Cac Accident on i/21 2023 Clea of 2218-153 Z [us Co. Coco 2 ses fi 1. This is a complaint seeking indicia review passantto G.L.c. 30A Sec. 14, G.L. c. 249, Sec 4, or similar statute. 2. Plaintiff, Phrnrd Sbahioecis a resident of the Commonwealth of Massachusetts and lives at, 29 turnpike Rd Salk 2 faywile naa “el 748 Common wend Ph ofuss Pi Misen of 3. Defendant agency_t: b its Principal office at (Agenoy) has lee Wag heagton St Posten m4 o2lig E29 Suit Ble 4. Plaintiffis aggrieved by a decision of defendant agency denying plaintiff's appeal of Cow Aleit doncr off 1 /Z2)/ 2623 -¢ latin sfe 0S 9798 ISP Ins Co. Code # 525 foi Plaintiffs appeal is based on an assertion that the defendant agency’s finding was (Gil in appropriate lines below, including the facts to support your conclusion): A. Not supported by substantial evidence because the accident happend. Nol Sage Contrary to Law because becuse 1 swervedte the Leftg Fle Roud MS She Lys ome Seb Ls lide, In excess-of authority because ud lost @ntref of fe vehille Based on wlafil Procedure because : In violation of Constitutional Standard because * “ FE Arbitrary aad capricious because Wherefore Plaintiff requests the following relief: NAME , oo Signed uader:the penalties of perjury ADDRESS 64 Turn pilee Rd Bag Ae fey ulle M49 5l7Ys Date. 03 Ll l2e22t) TELEPHONE £17 - 966-3317 COMMONWEALTH OF MASSACHUSETTS i DIVISION OF INSURANCE a% BOARD OF APPEAL 1000 Washington Street ,Suite 810 » Boston, MA 02118-6200 5 he (877) 563-4467 * FAX (617) 521-7772 https:/Avww.mass.gov/the-board-of-appeal AHMAD A SHUHIBAR Accident Date 112112023 69 TURNPIKE RD SOUTHBOROUGH, MA 01772-2109 Ins Co. Code: 525/ TL. Claim No. 052298758 HEARING NOTICE — A virtual at-fault appeal hearing has been scheduled, regarding the accident noted above, for the following date and time DO NOT APPEAR AT A HEARING LOCATION. ALL HEARINGS ARE CONDUCTED VIRTUALLY (Telephone or Video). Wednesday, February 07, 2024, at 12:00 PM, VIRTUAL HEARINGS: You may participate in the Microsoft Teams virtual hearing by telephone or video. You will need a computer, a tablet of a telephone (mobile or landline). On the hearing date, you may join using the telephone number with meeting ID or Microsoft Teams video conference. If joining by video, you may be required.download the Microsoft TEAMS application. In order for you to receive the link to Microsoft TEAMS, you must provide the Board with an email address or mobile telephone number (See below). CONTACT THE BOARD OF APPEAL TO PROVIDE AN EMAIL ADDRESS & MOBILE NUMBER. Email: BOAcontact@mass.gov (include your Name and Hearing Date in the subject line). An invitation with instructions will then be emailed to you 2 days before the date of the hearing. On the hearing date, once you've joined, you will be in a virtual waiting room and called into the hearing when it is your turn. Wait times-may be up to one hour or longer. This hearing is held in accordance with M.G.L. Ch. 30A and Ch. 175 Sec. 113P. Ifyou wish to submit any materials as evidence it must arrive 5 days prior to the hearing date if mailed or 2 days via email to BOAaccident@mass.gov. (include your Name and Hearing Date in the subject line). Please do not submit videos, audio files, cd's, dvd's, flash drives, cell phones, etc. as they will not be accepted. NOTE: For an authorized representative to appear on behalf of an appellant, there must be-a written and signed authorization allowing the appearance as well as written testimony from the appellant describing the accident. (submitted 5 days in advance) NOTE: Language interpretation services are not provided by the Board of Appeal, those requiring interpretation services must provide their own interpreter. WRITTEN STATEMENT HEARINGS (TO BE USED IF YOU ARE NOT ATTENDING VIRTUAL HEARING) If an Appellant does not want to participate in a virtual hearing, they may also choose to have their hearing conducted administratively, a written hearing instead of a personal appearance by signing, dating below and returning to the Board of Appeal atleast 5 days prior to the scheduled appeal date. Ifyou wish to submit any materials as evidence they must be included with this signed statement. Sign Date By submitting this affidavit in lieu of my personal appearance, | authorize the Board to use any previously submitted materials as well as any information | have chosen to include with this affidavit. | acknowledge that by waiving my right to oral testimony, no further hearing before the Board will be granted. | hereby affirm that all information which | have submitted is truthful and is signed under the pains and penalties of perjury. SS73e7 F2Y6 fom 2959 USY (te Docket ID: 31427 / Appeal ID: 698683 / AppellantID: 377119 Insurance Surcharge - Hearing Notice i a Generated Date: 1/11/2024 COMMONWEALTH OF MASSACHUSETTS DIVISION OF INSURANCE BOARD OF APPEAL 1000 Washington Street ,Suite 810 - Boston, MA 02118-6200 TEL (877) 563-4467 + FAX (617) 521-7772 hitps://www.mass. sovithe-board-of-appeal AHMAD A SHUHIBAR Filed in the Office of the Board 2/8/2024 69 TURNPIKE RD é Accident Date: 1/21/2023 SOUTHBOROUGH, MA 01772-2109 USA Ins Co. Code: $25/ TL Claim No.: 052298758 MEMORANDUM OF FINDING AND ORDER The above referericed matter was before the Board of Appeal on Wednesday, February 07, 2024. ISSUES BEFORE THE BOARD Pursuant to the requirements of the Safe Driver Insurance Plan, (Massachusetts General Laws Chapter 175 § 113P) to establish classifications of risks to equitably reflect the driving records of insureds and adjust premiums based in part on at fault accidents and to reflect an aggregate credit to safe driver's premiums, the Board has promulgated the Standards of Fault to determirie whether a driver is mo re that 50% at fault in causing an accident. 211 C.M.R. § 74.03 et seq. In accordance with Standard of Fault no. 19, "The operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50%_at fault when operating the only vehicle involved in a collision." 211 C.MLR. § 74.04 (19). This presumption as to fault is "determined unless and until the operator overcomes the presumption by producing sufficient evidence at an initial review or hearing held in accordance with the rules of the Board.” 211 C.M.R. § 74.03 FINDINGS OF FACT. Upon review of the governing laws and regulations, the evidence presented and the appellant's contentions, the Hearing Officer finds the following facts: i) an accident occurred on 1/21/2023 ii) in accordance with 211 C.M.R. § 134.04(3), appellant's insurance company made a claim payment in excess of $1000.00; iii) appellant was the only vehicle involved in the accident; iv) appellant's actions were the cause of the collision; v) collission occurred at 9:30 pm on White Bagley Road in Southborough, MA. Weather conditions were described as rain/snow and roads were covered by the appellant. The appellant stated he was traveling at a speed of 20 mph in a 25 mph zone’and as he was coming around a bend in the road an unknown vehicle was coming into his lane of travel from the oncoming lane. The appellant swerved to the left to avoid the vehicle and hit the guardrail on the left side of the roadway. Damages were paid to the appellant in excess of $9,000. The appellant did not notify authorities of the collission, the erratic operator or the potential damagg to the guardrail and left the scene. To contest fault the appellant stated the accident was caused by the unknown vehicle that he attempted to avoid. Based on the totality of information submitted and reviewed, the appellant was unable to overcome the presumption of fault. Appellant failed to maintain - Insurance Surcharges - Uphold Generated Date: 2/26/2024 the control of his vehicle, swerved into the oncoming lane and did not notify authorities of the collission with supporting documenta tion guardrail nor the erratic operator he claimed was the cause of the collission. No was presented by appellant fo support the details of the collision's circumstances. Surcharge is upheld. ‘ CONCLUSIONS Appellant AHMAD A SHUHIBAR failed to exercise due care in the control and operation of appellant's vehicle because appellant's actions were the cause of the collision, which could have been avoided. In light of the fact that the totality of the evidence supports the application of the presumption created by the Standard of Fault no. 19 and based upon consideration of the foregoing, it is determined by the Board that hearing officer, the appellant did not overcome the presumption created by Standard of Fault no. 19. This Board therefore, finds that the surcharge is in accordance with the Standards of Fault promulgated by the (211 C.M.R. § 74.00 et seq.) and the provisions of the Safe Driver Insurance Plan established by the Commissioner of Insurance. ORDER The Board therefore UPHOLDS the surcharge and ORDERS that the surcharge be appliéd in compliance with the Safe Driver Insurance Plan. Tercca Leonard A True Copy Attest: Audrey Martwli, Eeg Hearing Officer Audrey Marinelli, Esq Chairperson, Board of Appeal Please submit any questions or concerns regarding this notice, in writing, to the above address. No phone calls please. Original Date of Issue: 2/26/2024 Uphold - Appellant Copy Docket ID: $1427 1 Appeal1D: 350688 7 AppellantID: 377119 Insurance Surcharges - Uphold Generated Date: 2/26/2024 Procedure For Appeals To Superior Court. . Any person aggrieved by a finding. of the Board may appeal such finding to the Superior Court pursuant to = the provisions of M.G.L. c. 30A §14 and c. 175 §113P and Superior Court Standing Order 196, as modified April 8, 2002 (copies are available through the Superior Court Clerk's Office). In order to appeal to Superior Court, an appellant must: 1) Obtain a certified copy of the Board’s finding and the original surcharge appeal. To obtain a rtified copy the appellant must submit to the Board a) their name and date of hearing; and b) a check or money order for $20.00 (twenty dollars) made payable to the Commonwealth of Massachusetts to: Board of Appeal, 1000. Washington St., Suite 810, Boston, MA 02118-6200. 2) File the certified copy and a Chapter 30A Complaint (available at any Superior Court Clerk's Office), within thirty (30) days after receipt of the Board’s decision, with the Superior Court Clerk of Suffolk ~ County or the county in which the appellant resides. The Court will require you to pay a filing fee.(fees vary by Court and range from $275.00 & up.) 3) Serve one copy of the Chapter 30A Complaint upon the Board of Appeal, one copy to the Attorney . General's Office and one upon the insurer. 4) If appellant is alleging the Board’s decision is not supported by substantial evidence, is arbitrary or capricious, of an abuse of discretion, the appellant is required to provide the Court with a transcript, or portions thereof. This request for a transcript must be made by appellant within 30 days after service of the Complaint: The costs for preparing the transcript must be paid by appellant. The Court will not hold a de novo “new trial’ to hear any additional testimony or evidence about whether you were more than 50% at fault, nor will:the Court make new factual findings different from the Board's. Under the pertinent statute, the Court’s review is ordinarily limited:to determining whether the Board’s decision is supported by substantial evidence in the record as a whole. G.L. ch. 30A §14(5), (7). “Substantial evidence” is “such evidence as a reasonable mind might accept as adequate to support a conclusion.” G.L. ch. 30A §1 (6). The requirement of substantial evidence means the Court does not have the power to make anew determination of the facts, to draw different inferences from the facts found by the Board, or to make different credibility choices. etirem rd of Bros v. Contribut Retirem Appeal Bo: 33 Mass. App. Ct. 478; 480 (1992), rev. denied, 414 Mass 1101 (1992). The Court may overturn the Board's decision if the Court finds that the substantial rights of any party were prejudiced, because the Board's finding is not supported by substantial evidence, based upon a constitutional violation, an error of law, or unlawful procedure; or arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. G.L. ch. 30A §14(7). »& att Insurance Surcharges - Uphold Generated Date: 2/26/2024