Mass. Gen. Laws ch. 175, sec. 102 — MA Code / Part I / Title XXII / Chapter 175 / Section 102
Proof of loss; written notice of fire in lieu of sworn statement specified by Sec. 99
Status: in_force

Section 102. The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon the occurrence of loss or damage by fire shall not preclude recovery therefor, if the insured, forthwith upon the occurrence thereof, gives written notice of the fire, and the location thereof, to the company and if the insured, immediately upon receipt of any written request so to do made by the company forthwith after it receives such written notice, renders such sworn statement to the company. If, after receiving such written notice, the company does not forthwith make a written request for the sworn statement, the periods of time within which the company shall, as provided in such policy, pay the amount for which it is liable, or replace the property, or notify the insured of its intention to rebuild or repair the premises, shall be computed from the time when the company receives such written notice. If such an insured fails both to render a sworn statement as required by the policy and to give such a written notice as aforesaid and if the company sends an agent or representative to the insured for the purpose of investigating, estimating or appraising the loss or damage or adjusting the claim therefor, such failure shall not preclude recovery under the policy; provided, that the insured, immediately upon receipt of any written request so to do made by the company forthwith after the sending of an agent or representative as aforesaid, renders said sworn statement to the company. If, after sending the agent or representative as aforesaid, the company does not forthwith make a written request for the said sworn statement, the periods of time aforesaid shall be computed from the time when the agent or representative was so sent. If such an insured renders said sworn statement forthwith in compliance with a written request made by the company as hereinbefore provided, the periods of time aforesaid shall be computed from the time when the company receives said sworn statement. A written notice under this section may be given, and the sworn statement specified in said standard form may be rendered, to the company at its home office or at the office of the agent who issued or executed the policy or to the said agent. The provisions of this section shall also apply in case of claims for loss or damage from any hazard other than fire insured against under such a policy.

Section 102. The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon the occurrence of loss or damage by fire shall not preclude recovery therefor, if the insured, forthwith upon the occurrence thereof, gives written notice of the fire, and the location thereof, to the company and if the insured, immediately upon receipt of any written request so to do made by the company forthwith after it receives such written notice, renders such sworn statement to the company. If, after receiving such written notice, the company does not forthwith make a written request for the sworn statement, the periods of time within which the company shall, as provided in such policy, pay the amount for which it is liable, or replace the property, or notify the insured of its intention to rebuild or repair the premises, shall be computed from the time when the company receives such written notice.

If such an insured fails both to render a sworn statement as required by the policy and to give such a written notice as aforesaid and if the company sends an agent or representative to the insured for the purpose of investigating, estimating or appraising the loss or damage or adjusting the claim therefor, such failure shall not preclude recovery under the policy; provided, that the insured, immediately upon receipt of any written request so to do made by the company forthwith after the sending of an agent or representative as aforesaid, renders said sworn statement to the company. If, after sending the agent or representative as aforesaid, the company does not forthwith make a written request for the said sworn statement, the periods of time aforesaid shall be computed from the time when the agent or representative was so sent.

If such an insured renders said sworn statement forthwith in compliance with a written request made by the company as hereinbefore provided, the periods of time aforesaid shall be computed from the time when the company receives said sworn statement.

A written notice under this section may be given, and the sworn statement specified in said standard form may be rendered, to the company at its home office or at the office of the agent who issued or executed the policy or to the said agent.

The provisions of this section shall also apply in case of claims for loss or damage from any hazard other than fire insured against under such a policy.