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Wright v. United Services Automobile Association

2026-10-28

Authorities cited

Opinion

majority opinion

United States Court of Appeals

For the First Circuit

No. 25-1979

CHRISTOPHER WRIGHT, ROBERT MANNING, ELLIOT CHEFITZ,

JOSHUA STEISS,

Plaintiffs, Appellees,

v.

UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA

GENERAL INDEMNITY COMPANY,

Defendants, Appellants.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Allison D. Burroughs, U.S. District Judge]

Before

Barron, Chief Judge,

Lynch and Gelpí, Circuit Judges.

Kahn A. Scolnick, with whom Daniel R. Adler, Sean F. Howell,

Gibson, Dunn & Crutcher LLP, Robert A. Whitney, and McAngus

Goudelock & Courie, LLC were on brief for appellants.

Matthew A. Seligman for appellees.

Cyrus Mehri, with whom Michael D. Lieder, Mehri & Skalet,

PLLC, Edward F. Haber, Michelle Blauner, Ian McLoughlin, and

Shapiro Haber & Urmy LLP were on brief for appellees.

October 28, 2026

LYNCH, Circuit Judge. This appeal presents issues as to

whether under Massachusetts law or the federal filed rate doctrine,

motor vehicle insurance policyholders are barred from bringing

suit against their insurers under Mass. Gen. Laws Chapter 93A

regarding insurance rates approved by the Commissioner of the

Massachusetts Division of Insurance under Mass. Gen. Laws Chapter

175E.

We hold that Massachusetts law, not federal law, governs

these issues, and that resolution of the issues may dispose of the

case. We certify the state law questions involved to the

Massachusetts Supreme Judicial Court. See Mass. S.J.C. R. 1:03.

I. Background

This suit concerns rates approved since 2019 by the

Commissioner of Insurance for Defendants General Indemnity Company

(GIC) and United Services Automobile Association (United

Services), which provide motor vehicle insurance to present and

former members of the U.S. military.1 In 2023, current and former

insurance policyholders sued under Chapter 93A in federal court

against their insurers.2 They alleged the rates approved by the

Commissioner impermissibly considered "income" and "occupation" in

1 GIC and United Services are affiliates of the USAA

insurance company group and operate under common management and

control.

2 The policyholders pled diversity jurisdiction under the

Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d).

- 2 -violation of implementing regulations. 211 C.M.R. § 79.04(12).

The rates did so, plaintiffs asserted, because GIC and United

Services determine eligibility for insurance with each affiliate

based on the policyholders' highest career military pay grade;

United Services insures members who achieved a grade of E-7 or

higher during their military career, and GIC insures members who

achieved grades from E-1 to E-6. Based on the same reason,

plaintiffs asserted that the companies' certifications of

compliance with the statutory requirements were false.3 As to

relief, they sought a declaration that the affiliates'

rate-setting practices and certifications violate Massachusetts

law; injunctions preventing those practices and requiring new,

compliant rate filings; and restitution for purported excess rates

paid by GIC policyholders.

On May 15, 2024, the district court denied GIC and United

Services' Rule 12(b)(6) motion to dismiss and then certified for

interlocutory appeal under 28 U.S.C. § 1292(b) the question of law

"whether the filed-rate doctrine bars the relief Plaintiffs seek."4

3 The policyholders conceded that an additional claim for

breach of contract should be dismissed.

4 GIC and United Services argued in relevant part that the

filed rate doctrine precluded the entire action. They also argued

that the policyholders' income and occupation theory failed as a

matter of law and that their unfair and deceptive practices claims

failed for these and independent reasons. In its motion to dismiss

order, the district court reasoned in part that "at least some of

the requested remedies are not barred by the filed rate doctrine

(assuming it applies)," because they "do not directly challenge

- 3 -This court, after obtaining clarification of the question, granted

the petition for interlocutory review on October 20, 2025.5

The Commissioner must approve motor vehicle insurance

rates before they can go into effect. Chapter 175E requires

insurers to file their proposed rates and supporting information

with the Division of Insurance. See Mass. Gen. Laws ch. 175A, §

6(a).6 The Commissioner must not approve rates that are

"excessive," "inadequate," "unfairly discriminatory," or

"violative of public policy," id. ch. 175E, §§ 4(a), 8, or approve

the rates approved and set by the Commissioner."

5 The district court clarified that in its view, the

controlling question raises three "distinct but interrelated

questions":

1. When a federal court, sitting in diversity, needs to

determine whether the filed-rate doctrine applies to bar

a claim, should it look to state law or federal common

law to determine whether the filed-rate doctrine applies

to Massachusetts state agencies?

2. If federal common law is the appropriate source of

law, does the federal filed-rate doctrine apply to bar

claims that implicate rates set by Massachusetts state

agencies, or does it apply solely to those set by federal

agencies?

3. If federal common law would apply the filed-rate

doctrine to rates set by Massachusetts state agencies,

is the doctrine quasi-preemptive, such that it applies

to broadly bar legal or equitable challenges that

implicate filed rates, as Defendants contend, or does it

apply only to direct challenges to the rates themselves,

as Plaintiffs contend?

6 Chapter 175E incorporates consistent provisions from

Chapter 175A, which also regulates motor vehicle insurance rates.

See Mass. Gen. Laws ch. 175E, § 3.

- 4 -"filing[s] . . . that . . . do[] not comply with [Chapter 175E],"

id. § 7. Parties aggrieved by a rate filing may petition the

Commissioner for a pre-approval hearing on the filing, id. ch.

175A, § 7(b), and parties aggrieved by a decision of the

Commissioner have twenty days to seek judicial review of that

decision, id. ch. 175E, § 13. No such petition or judicial review

was sought as to the rates in question. The policyholders do not

allege that Defendants' actuarial data or other data filed with

the Commissioner was false. Nor do they allege that the

Commissioner has engaged in a post-approval investigation of

Defendants' rating and underwriting practices, which can lead to

the suspension and disapproval of rates already in place. See id.

§ 8.

Implementing regulations require insurers' filings to

include the data underlying proposed rates and "descriptions of

methods used in making the [r]ates." 211 C.M.R. §§ 79.02,

79.05(4). The regulations prohibit insurers from using "income"

or "occupation" to "determine placement in a particular affiliate

within an [i]nsurance [c]ompany [g]roup." Id. § 79.04(12).

Filings must "identify the risk attributes relevant to the

insurer's decision to place a private passenger motor vehicle

insurance policy in a specific insurance company." The

policyholders do not allege that GIC and United Services violated

these procedural requirements.

- 5 -A separate statute, Chapter 12, authorizes the

Massachusetts Attorney General to "intervene in administrative or

judicial proceedings held in the commonwealth on behalf of any

group of consumers in connection with any matter involving the

rates . . . charged by any insurance company" subject to the

Division's authority. Mass. Gen. Laws ch. 12, § 11F. The Attorney

General did not intervene in the administrative rate-setting

proceedings concerning these rates. Nor has the Attorney General

sought to intervene in any judicial proceedings.

Pursuant to Chapter 175E, GIC and United Services filed

their proposed rates with the Division of Insurance. The insurers

calculated rates using aggregate data about the respective groups

of members they insure. Because the groups' data differed, GIC

and United Services calculated different rates; of the two

affiliates, GIC charged the higher rates. The filings included

certifications of "compliance with all relevant laws and

regulations of the Commonwealth of Massachusetts." The

Commissioner approved the rates at issue here.

II. Discussion

A. Governing Law

Because this case does not involve any federal agency or

interpretation of a federal statute and raises no issues of federal

- 6 -concern, we conclude that state law, and not the federal filed

rate doctrine, must control.7

The federal filed rate doctrine originated "as a

judicially created bar to antitrust damages claims in the context

of the Interstate Commerce Commission's regulation of common

carrier rates." Arroyo-Melecio v. Puerto Rican Am. Ins. Co., 398

F.3d 56, 73 (1st Cir. 2005) (citations omitted). The doctrine has

"evolved over time" and is "a famously complex and sometimes

criticized set of rules." Id. (quoting in the first instance Town

of Norwood v. FERC, 217 F.3d 24, 28 (1st Cir. 2000)). But "Supreme

Court precedent . . . clarifies that" the "doctrine rests on an

interpretation of federal rate-setting statutes." Skolarus v.

Bloomberg, L.P., ___ F.4th ___, 2026 WL 3012007, at *5-6 (2d Cir.

Oct. 7, 2026) (Park, J., concurring); see also Patel v. Specialized

Loan Servicing, LLC, 904 F.3d 1314, 1328-30 (11th Cir. 2018)

(Jordan, J., dissenting) (collecting Supreme Court cases treating

the doctrine as a matter of federal statutory interpretation); cf.

E. & J. Gallo Winery v. EnCana Corp., 503 F.3d 1027, 1033-34 (9th

Cir. 2007) (affirming denial of summary judgment on state and

federal claims about rates filed with FERC and holding that the

federal filed rate doctrine could apply because "the logic

underlying the [Supreme] Court's statutory construction in Keogh

7 The parties did not contest at oral argument that Massachusetts law controls.

- 7 -[v. Chicago & N.W. Ry. Co., 260 U.S. 156 (1922),] is equally

applicable to the [Natural Gas Act]").

The federal filed rate doctrine "limits attacks outside

the regulatory process on . . . rates filed with federal regulatory

agencies" overseeing federal regulatory schemes. Town of Norwood

v. New England Power Co., 202 F.3d 408, 416 (1st Cir. 2000)

(citation omitted) (affirming dismissal of some state and federal

claims about rates filed with FERC because of the federal filed

rate doctrine). Indeed, application of "the federal filed rate

doctrine in diversity suits about rates governed by state law

[would be] inconsistent with the Rules of Decision Act," Skolarus,

___ F.4th at ___, 2026 WL 3012007, at *6 (Park, J., concurring),

which requires federal courts sitting in diversity to apply "[t]he

laws of the several states, except where the Constitution or

treaties of the United States or Acts of Congress otherwise require

or provide." 28 U.S.C. § 1652. Nor would application of the

doctrine in such circumstances as a form of federal common law be

consistent with the Supreme Court's repudiation of Swift v. Tyson,

41 U.S. 1 (1842), in Erie Railroad Company v. Tompkins, 304 U.S.

64, 78-80 (1938), which confined federal common law to "a few

areas[] involving uniquely federal interests[] [that] are . . .

committed by the Constitution and laws of the United States to

federal control." Boyle v. United Techs. Corp., 487 U.S. 500,

504, (1988) (internal citation omitted); see also Skolarus, ___

- 8 -F.4th at ___, 2026 WL 3012007, at *6 (Park, J., concurring) ("In

the absence of congressional authorization, common lawmaking must

be necessary to protect uniquely federal interests." (quoting

Rodriguez v. FDIC, 589 U.S. 132, 136 (2020)); Patel, 904 F.3d at

1330 (Jordan, J., dissenting) (arguing that a state law claim about

a rate approved by a state agency did not "touch[] on those matters

committed to federal control").

This circuit's prior filed rate doctrine cases have

concerned the federal doctrine and are consistent with this view.

These cases did not address whether and under what circumstances

the federal doctrine might apply to rates filed with state agencies

because they have only applied the doctrine to rates filed with

federal agencies. See, e.g., Arroyo-Melecio, 398 F.3d at 73

(citations omitted) (declining to apply the doctrine to a federal

claim about rates filed with a state agency because "there [was]

no direct relationship at all" between the claim and the rates);

Town of Norwood, 217 F.3d at 29 (declining to apply the doctrine

to a federal claim about rates filed with a federal agency because

the challenged action did not "contradict any extant filing"); PNE

Energy Supply LLC v. Eversource Energy, 974 F.3d 77, 86-87 (1st

Cir. 2020) (affirming dismissal of state and federal claims about

rates filed with FERC because of the doctrine); Breiding v.

Eversource Energy, 939 F.3d 47, 52-56 (1st Cir. 2019) (same).

- 9 -Here, there is no federal statute, constitutional

provision or principle, or treaty at issue; the regulatory scheme

is entirely the product of state law, and the insurers' rates were

filed with and approved by a state agency. Nor is there any

suggestion or reason to think that a uniquely federal interest

committed to federal control is at stake here.8 In fact, "[s]tates,

as a matter of tradition and express federal consent, have an

important interest in maintaining precise and detailed regulatory

schemes for the insurance industry." Quackenbush v. Allstate Ins.

Co., 517 U.S. 706, 733 (1996) (Kennedy, J., concurring). In these

circumstances, state law applies. See Knevelbaard Dairies v. Kraft

Foods, Inc., 232 F.3d 979, 992-93 (9th Cir. 2000) (holding that

California's filed rate doctrine did not preclude a state law claim

about rates set by a state agency); Coll v. First Am. Title Ins.

Co., 642 F.3d 876, 886-87 (10th Cir. 2011) (holding that New

Mexico's filed rate doctrine precluded state law claims about an

insurance rate filed with a state agency); In re N.J. Title Ins.

Litig., 683 F.3d 451, 459-60 (3d Cir. 2012) (applying New Jersey's

filed rate doctrine to bar state law claims about insurance rates

filed with a state agency); Patel, 904 F.3d at 1325 (making an

8 For instance, no party argues for federal preemption or

that the doctrine "affect[s] federal jurisdiction." See Gunn v.

Cont'l Cas. Co., 968 F.3d 802, 807 & n.3 (7th Cir. 2020) ("There

is no . . . reason to think that any version of the filed-rate

doctrine affects a federal court's subject-matter jurisdiction.").

- 10 -Erie prediction as to whether Florida and Pennsylvania courts would

"hold that the filed-rate doctrine exists as to the [state]

regulatory scheme in question"); Granite State Ins. Co. v. Star

Mine Servs., Inc., 29 F.4th 317, 320-21 (6th Cir. 2022) (affirming

summary judgment against plaintiff's state law claim about rate

filed with state agency by applying Kentucky filed rate doctrine);

Alpert v. Nationstar Mortg. LLC, 983 F.3d 1129, 1130-31 (9th Cir.

2020) (finding that the Washington filed rate doctrine applied to

state law claims about insurance rate filed with state agency and

certifying questions to the Washington State Supreme Court); see

also Gunn v. Cont'l Cas. Co., 968 F.3d 802, 807 (7th Cir. 2020)

(rejecting federal filed-rate defense in a "case arising under

state law" because party did not "explain why . . . federal law

(let alone the narrow niches of federal common law that have

survived Erie Railroad) could be relevant at all"); Skolarus, ___

F.4th at ___, 2026 WL 3012007, at *6 (Park, J., concurring)

(concurring in the judgment but arguing the state filed rate

doctrine must apply because no federal nexus was present); Patel,

904 F.3d at 1329 (Jordan, J., dissenting) ("The vast majority of

federal and state courts look to state law to decide whether state

regulatory schemes warrant a filed rate doctrine of some kind."

- 11 -(citations omitted)). We find that Massachusetts law, not the

federal filed rate doctrine, controls.9

B. Certification Analysis

This court may certify questions to the Massachusetts

Supreme Judicial Court (SJC) where the "proceeding before it

[involves] questions of [Massachusetts] law . . . which may be

determinative" to the claims at issue and "as to which it appears

to the certifying court there is no controlling precedent in the

decisions of [the SJC]."10 Mass. S.J.C. R. 1:03. In our view,

this case meets those conditions, and "this court has a long

9 The Ninth Circuit recently certified questions of

California state law to the California Supreme Court in a dispute

involving similar claims about USAA's rate-setting practices in

California. See Coleman v. USAA, No. 25-793 (9th Cir. Sep. 10,

2026). Because the provisions at issue there do not resemble those

in Chapter 175E, that certification addresses questions with no

bearing on this case.

10 No party requested certification, but "we have discretion

to certify questions . . . sua sponte." Nicholls v. Veolia Water

Cont. Operations USA, Inc., 144 F.4th 354, 357 n.2 (1st Cir. 2025)

(citing Williams v. Am. Honda Fin. Corp., 858 F.3d 700, 701 (1st

Cir. 2017) (per curiam)). We advised the parties at oral argument

that we were considering certification and provided an opportunity

to submit questions to certify. The parties could not agree on

the formulation of those questions and submitted different

proposals. GIC and United Services also objected to certification.

We have not adopted either party's proposed questions and construe

their respective submissions as objections to the questions to be

certified. "This is not a barrier to certification, however, as

the [SJC] has previously answered questions even over the

objections of both parties." Id. (citing Knapp Shoes, Inc. v.

Sylvania Shoe Mfg. Corp., 640 N.E.2d 1101, 1102 (Mass. 1994) and

Knapp Shoes, Inc. v. Sylvania Shoe Mfg. Corp., 15 F.3d 1222, 1224

(1st Cir. 1994)).

- 12 -history of certifying appropriate questions to the SJC."

Easthampton Sav. Bank v. City of Springfield, 736 F.3d 46, 50 (1st

Cir. 2013) (collecting cases); see also, e.g., Nicholls v. Veolia

Water Cont. Operations USA, Inc., 144 F.4th 354 (1st Cir. 2025);

Gattineri v. Wynn MA, LLC, 63 F.4th 71 (1st Cir. 2023).11

Massachusetts law "may be determinative" in this case.

If Massachusetts law precludes private parties from bringing suits

under Chapter 93A to challenge motor vehicle insurance rates

approved by the Commissioner, then plaintiffs' complaint failed to

state a claim.

Under our precedent, the SJC's "requirement that there

be 'no controlling precedent' . . . prevent[s] certification in

cases when 'the course the state court would take is reasonably

clear.'" Nicholls, 144 F.4th at 358 (citation modified) (quoting

In re Engage, Inc., 544 F.3d 50, 53 (1st Cir. 2008)). We cannot

say that the course that the Massachusetts Supreme Judicial Court

would take as to the policyholders' suit is reasonably clear for

11 We acknowledge and appreciate that the SJC has

affirmatively responded to numerous requests for certification

from this court. See, e.g., Nicholls v. Veolia Water Cont.

Operations USA, Inc., 281 N.E.3d 966 (Mass. 2026); Zurich Am. Ins.

Co. v. Med. Props. Tr. Inc., 237 N.E.3d 733 (Mass. 2024); Gattineri v. Wynn MA, LLC, 221 N.E.3d 742 (Mass. 2023); Patel v. 7-Eleven,

Inc., 183 N.E.3d 398 (Mass. 2022); Easthampton Sav. Bank v. City

of Springfield, 21 N.E.3d 922 (Mass. 2014); Real Estate Bar Ass'n

for Mass., Inc. v. Nat'l Real Estate Info. Servs., 946 N.E.2d 665

(Mass. 2011); Ropes & Gray LLP v. Jalbert, 910 N.E.2d 330 (Mass.

2009); Globe Newspaper Co. v. Beacon Hill Architectural Comm., 659

N.E.2d 710 (Mass. 1996).

- 13 -several reasons. The SJC's relevant cases do not use the term

"filed rate doctrine." They have never addressed Chapter 175E,

the most recent case was decided over forty years ago, and all of

the cases involve different Massachusetts statutes concerning

administrative agency rate setting and concerning different

enforcement powers granted to regulators and to the Massachusetts

Attorney General. See City of Bos. v. Edison Elec. Illuminating

Co. of Bos., 136 N.E. 113 (Mass. 1922); Sullivan v. Bos. Consol.

Gas Co., 97 N.E.2d 535 (Mass. 1951); Lowell Gas Co. v. Attorney

General, 385 N.E.2d 240 (Mass. 1979); Spence v. Bos. Edison Co.,

459 N.E.2d 80 (Mass. 1983).

In City of Boston, the SJC affirmed dismissal of a

consumer's claims against an electricity provider regarding rates

approved by the Massachusetts Department of Public Utilities

(DPU), holding that Mass. Gen. Laws Chapter 164 took away the right

of injured parties to "recover[] back [excess utility rates] in an

action at common law" against utility providers that charged rates

approved by the DPU. 136 N.E. at 115. The court explained that

"the plaintiff is confined to [Chapter 164's] provisions as

affording a comprehensive, simple and practical means for

redress." Id. at 117. When the case was decided in 1922, those

means included petitioning the DPU for a public hearing on the

company's utility prices or quality, after which the DPU could

order a reduction in price or improvement in quality and, if

- 14 -necessary, sue to enforce its orders. Id. at 116 (citing Mass.

Gen. Laws ch. 164, §§ 79, 93 (1921)).12

This scheme changed in 1927, when utility companies were

required to file proposed rates with and receive approval from the

DPU before charging the rates, and the DPU was empowered to

investigate rates on its own motion. See 1927 Mass. Acts ch. 316.

In the Sullivan case in 1951, the SJC affirmed dismissal

of consumers' claims seeking refunds from a utility company for

excess gas rates approved by the DPU where the DPU had mistakenly

required the company to increase its rates even though its supply

costs were fixed by federal regulations. See 97 N.E.2d at 536-38.

Plaintiffs here rely heavily on the SJC's decision in

Lowell Gas. There, the Massachusetts Attorney General brought

Chapter 93A and common law fraud claims alleging gas providers had

committed fraud by charging short-term debt interest expenses to

customers, failing to answer specific questions concerning their

accounting practices required by DPU regulations, and deliberately

concealing this from the DPU. 385 N.E.2d at 242-43. The SJC first

affirmed that "suits directly challenging public utility rates as

determined by the [DPU]" are barred unless brought under the

provisions governing judicial review of DPU decisions, Mass. Gen.

12 Such petitions could only be initiated by twenty customers

of the utility company or the elected representatives of the city

or town utilizing the service. See Mass. Gen. Laws ch. 164, § 93

(1921).

- 15 -Laws ch. 25, § 5. Id. at 244. The SJC nevertheless allowed the

suit to proceed, saying in part that the "essential character" of

the claim was that the gas companies engaged in "deceptive conduct

. . . intended to subvert the very rate structure whose protection

they seek." Id. at 244, 248. The SJC also reasoned that the

Attorney General's statutory authorization to institute legal

proceedings was broader than that of private parties and that

Chapter 164 required the DPU to notify the Attorney General of

utility providers' violations of law, "impl[ying] an expectation

that the Attorney General take appropriate action once notified."

Id. at 244-45.

The decision in Lowell Gas is distinguishable and does

not give us certainty on "the direction of state law in the present

context." In re Engage, 544 F.3d at 56. As ever, "there is the

danger of unmooring language from the facts of a case and the

precise issue presented in the context of those facts." Id. The

plaintiffs here are private party policyholders and not the

Attorney General. Their assertions of fraud are nothing like the

fraud assertions in Lowell Gas. They make no allegation that GIC

or United Services submitted false actuarial or other data to the

Commissioner or were required to seek approval of their

classification practices independent of the obligations imposed by

Chapter 175E and implementing regulations.

- 16 -GIC and United Services, by contrast, point to the SJC's

decision in Spence. There, the SJC declined the Boston Housing

Authority's request that a court independently interpret the

meaning of the term "apartment" in a DPU-approved rate filing.

Spence, 459 N.E.2d at 85. There was no allegation of fraud or

deception on the agency, so the Housing Authority's request

amounted to "questioning . . . the interpretation of a rate," which

must be done by the agency, not courts. Id. at 87.

In sum, we find that "the existing case law does not

provide sufficient guidance to allow us reasonably to predict the

course of Massachusetts law." In re Engage, 544 F.3d at 57. To

determine whether certification is appropriate, we have considered

whether "the issues before us involve important questions of state

law and public policy with significant implications, not only for

the parties before us, but also for other industries in the state."

See Gattineri, 63 F.4th at 94 (certifying questions about the

enforceability of an agreement under the Massachusetts Gaming Act

and regulatory scheme); In re Engage, 544 F.3d at 57 (certifying

questions about the Massachusetts attorney's lien statute because

"answers to the questions in this case . . . clearly have

implications which go beyond these parties" (citation omitted));

Real Estate Bar Ass'n for Mass., Inc., v. Nat'l Real Est. Info.

Servs., 608 F.3d 110, 119 (1st Cir. 2010) (considering whether

resolution of state law question "raises serious policy concerns

- 17 -. . . that will . . . impact future cases" before certifying to

the SJC); see also Nicholls, 144 F.4th at 359 (describing the

"significant policy choices" before certifying questions of state

law to the SJC); Easthampton Sav. Bank, 736 F.3d at 52-53

(similar).

Whether to allow private citizen suits when a statute

assigns decision-making and enforcement authority to a state

administrative agency and to the state attorney general involves

important questions of public policy. Cf. Medina v. Planned

Parenthood S. Atl., 606 U.S. 357, 369 (2025) ("[T]he decision

whether to let private plaintiffs enforce a . . . statutory right

poses delicate questions of public policy.").

Because "any answer a federal court may give on this

state law question is not a final answer" and "[o]nly the SJC can

give a final answer in this case," In re Engage, 544 F.3d at 57,

certification here involves no "waste of judicial resources," id.

at 55 (quoting Armacost v. Amica Mut. Ins. Co., 11 F.3d 267, 269

(1st Cir. 1993)). Indeed "our answering the important policy

questions raised in this appeal 'may offend the comity due to local

courts, since [Massachusetts] courts have never addressed this

specific issue.'" Gattineri, 63 F.4th at 95 (quoting

Santiago-Hodge v. Parke Davis & Co., 859 F.2d 1026, 1033 (1st Cir.

1988)).

- 18 -III. Certified Questions

We certify the following questions to the Massachusetts

Supreme Judicial Court:

1. On the facts of this case, under

Massachusetts law, are private parties

authorized to bring suit under Chapter 93A for

alleged violations of state law arising out of

motor vehicle insurance rates approved by the

Commissioner of the Division of Insurance?

2. Does the answer to the first question

differ as to the declaratory, injunctive, and

restitutionary relief plaintiffs seek?

We would also welcome any other comments that the

Massachusetts Supreme Judicial Court may wish to offer on any

relevant points of Massachusetts law. The Clerk of this court is

directed to forward to the Massachusetts Supreme Judicial Court,

under the official seal of this court, a copy of the certified

questions and our opinion in this case, along with copies of the

briefs and appendix filed by the parties. We retain jurisdiction

over this appeal pending resolution of the certified questions.

So ordered.

- 19 -