303 Mass. 321 | Mass. | 1939
The plaintiff appealed from the decrees sustaining the several demurrers of the defendants and from the final decree-dismissing his bill.
The allegations of the bill fall into two classifications. Material allegations of the first classification are to the effect that the plaintiff, since March 30, 1936, has been an insurance broker in this Commonwealth, duly licensed to negotiate contracts of insurance; that the defendant insurance companies are legally bound to accept and issue policies on applications for insurance procured by the plaintiff from members of the public desiring insurance, unless the defendants have a just and reasonable cause for refusal; that the businesses of the plaintiff and the defendants, particularly with reference to compulsory motor vehicle liability insurance, are affected with the public interest; that the defendants have refused, for no reason, to accept applications secured by the plaintiff for insurance, including compulsory motor vehicle liability insurance, but have dealt directly with the plaintiff’s customers, whereby the plaintiff has suffered damage to his business; and that the defendants have informed the plaintiff that they will continue to refuse to accept applications from him.
The separate demurrers of the defendants allege among other grounds that the bill does not state concisely and with certainty the acts necessary to constitute a cause of action and to entitle the plaintiff to equitable relief. We are of the opinion that the demurrers were rightly sustained on this ground, and it is, therefore, unnecessary to consider the other grounds; nor is it necessary to deal with the pleas in bar which were not passed upon in the Superior Court.
The basis of the ground for equitable relief contained in the first part of the plaintiff’s bill is that the defendants owed the plaintiff a duty to accept applications for insurance presented by him, unless there was a just and reasonable cause for refusal, and that the defendants are guilty of a breach of such duty. It is true that under the provisions of G. L. (Ter. Ed.) c. 175, § 113D, as amended by Sts. 1933, c. 119, §§ 2, 3; 1933, c. 146; 1934, c. 379 (see St. 1938, c. 311), applicants for insurance are provided with the machinery to compel the issuance of a policy where an insurer, without just cause, has refused to issue a policy
It follows that the allegations of the bill contained in the first classification do not set forth a ground for relief in equity in so far as they are based upon the provisions of statutes dealing with insurance, nor does the allegation that the defendants dealt directly with the plaintiff’s customers add anything in this respect. Not only does this allegation rebut other allegations in the bill to the effect that it is difficult for the plaintiff’s customers to obtain insurance, but it goes no farther than to allege a possible wrong, for the redress of which an action at law to recover commissions earned is, as far as the bill discloses, available to the plaintiff. Compare McAuslan & Nutting, Inc. v. Futurity Thread Co. 254 Mass. 216, 218.
The basis of the ground for relief set out in the allega
In our opinion the allegations of the bill do not set forth grounds for relief in equity.
Interlocutory decrees sustaining demurrers affirmed.
Final decree affirmed with costs.