Insurance post goes to judge

Governor Deval L. Patrick yesterday appointed a Superior Court judge with no professional background in insurance as the state's top insurance regulator.

Nonnie S. Burnes , 64, a former law partner of Patrick , will give up her court robes Feb. 26, but as the new insurance commissioner she will still issue plenty of rulings, establishing auto insurance rates for the state's 4 million drivers and setting policy on health, worker's compensation, and coastal home insurance issues.

In a telephone interview, Burnes said she assumed that Patrick hired her in part because she will bring a fresh set of eyes to the job -- "someone not committed to one point of view or another," she said.

Burnes listed three major issues facing the Division of Insurance: the future of automobile insurance regulation, skyrocketing coastal home insurance rates, and health insurance.

Dan O'Connell , Patrick's secretary of housing and economic development, in a prepared statement called Burnes "the right choice at this critical time."

The appointment sent industry officials scrambling for information about the judge, who was unknown to them. James Harrington , president of the Massachusetts Insurance Federation, called Burnes an "interesting" appointment.

"It's reflective of the Patrick administration recognizing the commissioner of insurance is a significant post with a whole host of responsibilities," he said.

Stephen D'Amato , a consultant to the Center for Insurance Research in Cambridge, said the appointment of a judge made a lot of sense. "We're very hopeful that the insurance commissioner will be dedicated to protecting the public on insurance issues," he said.

Burnes is replacing Julianne M. Bowler , who was let go by Patrick shortly after he took office. Bowler had been a champion of the Romney administration's efforts to let auto insurers set their own rates. Patrick has said he wants to encourage greater competition among auto insurers within the existing regulatory framework, in which state officials set all rates.

Burnes offered no insights on how she would go about increasing competition within a totally regulated environment except to say that Patrick has given her no marching orders. She said she intends to research the issues, listen to all sides, and then make recommendations to the governor.

Patrick administration officials have talked about reaching a consensus on reform in the automobile insurance industry, but Burnes was skeptical. "That would be lovely," she said, "but that would be a tall order."

The industry is sharply divided on how it should be regulated, and both sides have lobbied hard for their positions. The two camps ran advertising campaigns for and against change last year.

Employees of Liberty Mutual Group of Boston donated nearly $20,000 to former lieutenant governor Kerry Healey's campaign for governor last year, while employees of Commerce Group Inc. of Webster gave more than $27,000 to Patrick and his running mate.

Liberty, Commerce, and two other automobile insurers were some of the biggest donors to Patrick's inaugural celebration.

As a homeowner on Cape Cod, Burnes said, she has seen her premiums for homeowner's insurance increase as companies have either raised their rates or pulled out of the area entirely because of growing concerns that a hurricane would cause greater damage along the coast than previously believed.

"It's a huge problem up and down every coast. This is not unique to Massachusetts," she said.

Superior Court judges earn $129,694 a year. Burnes said she did not think she would be taking a pay cut at her new job but said she hadn't discussed her salary yet with Patrick administration officials. Bowler earned $122,135.

Burnes starts work Feb. 26, more than a week after a hearing scheduled on a major Romney administration initiative to change the way automobile insurers are assigned drivers that no company wants to cover voluntarily. Bowler pushed ahead with the initiative late last year, but Patrick put it on hold until a six-person study group reports back in mid-March and Burnes gets up to speed.

Prior to becoming a judge, Burnes worked 19 years at Hill & Barlow, the same law firm that Patrick worked at from 1986 until 1994. Patrick has already tapped three other veterans of Hill & Barlow for administration posts.

Then-governor William F. Weld appointed Burnes to the bench in 1996. She has worked in Suffolk County and more recently in Middlesex.

She said she worked six months in the business litigation session in Suffolk Superior Court.

Burnes is a graduate of Wellesley College and the Northeastern University School of Law.

Bruce Mohl can be reached at mohl@globe.com.