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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 156a - Cessation of Issuance of Policies or Making of Contracts by Foreign Company Upon Revocation or Suspension of License or Failure to Maintain Required Amounts of Capital or Assets

Section 156A. Every foreign company, other than a life company, whose capital stock or guaranty or deposit capital is reduced below the amounts required by section one hundred and fifty-one, one hundred and fifty-two or one hundred and fifty-five, or is impaired on the basis fixed by sections ten to twelve, inclusive, or whose net cash assets, computed on said basis, or whose contingent assets, required by said section one hundred and fifty-one or one hundred and fifty-two, become at any time from any cause less than the amounts required as aforesaid, and every foreign company whose license has been revoked or suspended as provided in section five, shall forthwith cease to issue policies and to make contracts of insurance in the commonwealth until such capital stock, guaranty or deposit capital or assets have been restored to the amounts required as aforesaid, or said license has been restored by the commissioner, as the case may be. Any company or any officer or agent thereof, issuing any policy or making any contract of insurance contrary to this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 158 - Effect of War Between United States and Foreign Country Upon Policies and Contracts Issued by Company Organized Under Laws of Such Foreign Company

Section 158. No policy of insurance and no annuity or pure endowment contract issued to a resident of the commonwealth by an authorized company organized under the laws of a foreign country shall be invalidated by war between such foreign country and the United States.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 160a - Advertisement for or on Behalf of Unlicensed Foreign Company or Fraternal Benefit Society Prohibited

Section 160A. No person shall print or publish, or cause to be printed or published, in any newspaper, magazine, pamphlet or other periodical any advertisement for or on behalf of any foreign company or fraternal benefit society not licensed to transact business in this commonwealth, wherein such company or society solicits, or which is designed or intended to solicit or induce, residents of the commonwealth to take out policies of insurance, annuity or pure endowment contracts or benefit certificates issued or made by such company or society, or to act in any manner in the solicitation of applications for, or to negotiate or act or aid in the negotiation of, such policies, contracts or certificates, or to collect premiums thereon, and no person shall transmit or publish any such advertisement for or on behalf of any such company or society from any radio broadcasting station located in the commonwealth. Violation of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars. This section shall not apply to newspapers, magazines, pamphlets or other periodicals printed or published outside the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 160b - Publication of Notice by Commissioner of Unlicensed Foreign Company or Fraternal Benefit Society

Section 160B. The commissioner may, if it appears to him that any foreign company or fraternal benefit society not duly licensed to transact business in this commonwealth is issuing policies of insurance, annuity or pure endowment contracts or benefit certificates to residents thereof, or is seeking to induce such residents by advertisements printed, published or distributed therein through the mails or otherwise, or by any other means, to take out its policies, contracts or certificates, or to solicit or act in the solicitation of applications for, or to negotiate, effect or procure, or act or aid in the negotiation, effecting or procurement of, such policies, contracts or certificates or to collect premiums thereon, cause notice to be published in such manner and form as he may deem proper, setting forth the name of the company or society, the location, if known, of its home or principal office, the fact that such company or society is not licensed to transact business in the commonwealth and is not amenable to suit in the courts of this commonwealth to enforce claims under its policies, contracts or certificates, together with any other pertinent facts of which he may be cognizant or information that he may possess relative to the financial standing or stability, business policies, methods, operations, management or reliability of the company or society.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 160c - Automobile Insurance; Company as Agent for Insurers Doing Business in Mexico; Separate Accounts; Payment of Percentage of Gross Premiums

Section 160C. Notwithstanding the provisions of sections one hundred and sixty and one hundred and sixty-three an insurance company authorized to write automobile liability and physical damage insurance in this commonwealth may act as agent for one or more insurers authorized to do business in Mexico, but only as respects automobile liability and physical damage insurance applying to the use of automobiles in Mexico by policyholders to whom it has issued such coverages in the United States.
Each company acting pursuant to this section shall keep a separate account of the business written under the authority of this section and shall annually, in January, file with the state treasurer a sworn statement of the gross premiums charged for such insurance and the gross return premiums on such insurance during the year ending on December thirty-first next preceding and, at the time of filing such statement, shall pay the commonwealth an amount equal to four per cent of such gross premiums less such return premiums so reported.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 160d - Agent or Broker Securing Automobile Coverage With Mexican Companies; Separate Accounts; Payment of Percentage of Gross Premiums

Section 160D. Section one hundred and sixty shall not apply to a duly licensed insurance agent or broker who negotiates, continues or renews automobile insurance policies for residents of the United States in a Mexican insurance company providing liability or physical damage coverages applying to the use of automobiles in Mexico.
Each duly licensed insurance agent or broker acting pursuant to this section shall keep a separate account of the business written under the authority of this section and shall annually, in January, file with the state treasurer a sworn statement of the gross premiums charged for such insurance and the gross return premiums on such insurance during the year ending on December thirty-first next preceding, and, at the time of filing such statement, shall pay the commonwealth an amount equal to four per cent of such gross premiums less such return premiums so reported.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 161a - Definitions Applicable to Secs. 161a to 161e

Section 161A. In this section and in sections one hundred and sixty-one B to one hundred and sixty-one E, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:—
''Alien insurer'', any insurer incorporated or organized under the laws of any country or state other than the United States or one of the United States.
''Domestication'', the reorganization of the United States branch of an alien insurer as the result of which a domestic insurer shall succeed to all the business and assets and assume all the liabilities of the United States branch of the alien insurer.
''United States branch'', the business unit through which business is transacted within the United States by an alien insurer, and the assets and liabilities of such insurer within the United States pertaining to such business.
''Domestic insurer'', a stock insurance company incorporated under the laws of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 161b - Domestication of United States Branch of Alien Insurer; Domestication Agreement

Section 161B. Any alien insurer now or hereafter licensed to do business in the commonwealth which owns beneficially, directly or indirectly, all of the outstanding capital stock of a domestic insurer may, with the prior written approval of the commissioner and subject to the final approval of the commissioner, domesticate its United States branch, if its principal office in the United States is located in the commonwealth, by entering into an agreement in writing with said domestic insurer providing for the acquisition by said domestic insurer of the business and assets of said United States branch and the assumption by said domestic insurer of all the liabilities of said United States branch for no consideration other than the assumption of such liabilities, except that the agreement may further provide for additional consideration payable by the issuance by the acquiring domestic insurer of shares of its capital stock. For the purposes of this section and sections one hundred and sixty-one C to one hundred and sixty-one E, inclusive, shares of capital stock of the acquiring domestic insurer or voting trust certificates representing said shares, which are held among the trusteed assets of the United States branch of the alien insurer or which are held in a trust created by the alien insurer and of which the alien insurer is a beneficiary, shall be deemed to be shares held beneficially, but indirectly, by an alien insurer. The acquisition of the assets and the assumption of liabilities of the United States branch by the domestic insurer shall be effected by filing with the commissioner an instrument of transfer and assumption which shall be in form satisfactory to the commissioner and shall be executed by the alien insurer and the domestic insurer. A domestic insurer may either be licensed to engage in the insurance business in the commonwealth prior to entering into such domestication agreement, or may, if the commissioner so approves, be licensed effective with the consummation of the domestication agreement. Nothing in this section or in sections one hundred and sixty-one C to one hundred and sixty-one E, inclusive, shall be construed to authorize any insurance company to do any kind of insurance business not authorized by its charter or to authorize any foreign or alien insurance company to do any kind of insurance business in the commonwealth not authorized by its license or certificate of authority to do business in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 161c - Approval of Domestication Agreement by Alien and Domestic Insurer

Section 161C. Said domestication agreement shall be authorized, adopted, approved, signed and acknowledged by the alien insurer in accordance with the laws of the country under which it is organized. In the case of a domestic insurer the domestication agreement shall be approved, adopted and authorized by its board of directors and executed by its president or any vice president and attested by its secretary or assistant secretary under its corporate seal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 161d - Approval of Domestication Agreement by Commissioner

Section 161D. An executed counterpart of the domestication agreement, together with certified copies of the corporate proceedings of the domestic insurer and the alien insurer, approving, adopting and authorizing the execution of said domestication agreement, shall be submitted to the commissioner for his approval. The commissioner shall thereupon consider said agreement and if he is satisfied that the same is in accordance with the provisions of sections one hundred and sixty-one B to one hundred and sixty-one E, inclusive, and if he finds that the interest of policyholders and creditors of the United States branch of the alien insurer are not materially adversely affected, he may approve such domestication agreement and authorize the consummation thereof in compliance with the provisions of section one hundred and sixty-one E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 161e - Domestication of United States Branch of Alien Insurer Effective Upon Filing of Instrument of Transfer and Assumption

Section 161E. Upon the filing with the commissioner of a certified copy of the instrument of transfer and assumption pursuant to which a domestic insurer succeeds to the business and assets of the United States branch of an alien insurer and assumes all its liabilities, as provided by sections one hundred and sixty-one B to one hundred and sixty-one D, inclusive, the domestication of the United States branch shall be deemed to be effective, and thereupon all the rights, franchises and interests of said United States branch in and to every species of property, real, personal and mixed, and things in action thereunto belonging shall be deemed as transferred to and vested in said domestic insurer and simultaneously therewith said domestic insurer shall be deemed to have assumed all of the liabilities of said United States branch; all deposits of the United States branch held by the state officers or other state regulatory agencies pursuant to requirements of state laws shall be deemed to be held as security that said domestic insurer will fully perform its assumption as direct liabilities of all the liabilities to policyholders and creditors within the United States of said United States branch and such deposits shall be deemed to be admitted assets of the domestic insurer and shall be reported as such in the annual financial statements and other reports which said domestic insurer may be required to file and upon the ultimate release by any said state officer or agency of any such deposits, the securities and cash constituting such released deposit shall be delivered and paid over to said domestic insurer as the lawful successor in interest to said United States branch; and contemporaneously with the consummation of the domestication of the United States branch, the state treasurer shall transfer to said domestic insurer the securities deposited by said United States branch in compliance with the provisions of sections one hundred and fifty-five and one hundred and eighty-five, and the commissioner shall consent that the trustee of the trusteed assets deposited by said United States branch in compliance with the provisions of said sections one hundred and fifty-five and one hundred and eighty-five shall withdraw from the trusteed assets all assets held by such trustee and transfer and deliver the same to said domestic insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162 - Agent, Broker and Adjuster Defined; On-Premises and Off-Premise Solicitation of Negotiation of Policy of Insurance

Section 162. Solicitation or negotiation of policies of insurance that takes place off the premises of an insurance broker, agent or company shall be by a duly licensed broker or agent. Solicitation or negotiation of policies of insurance performed on the premises of an insurance broker, agent or company, may be done by an employee insofar as such solicitation or negotiation is under the immediate direction and general supervision of a duly licensed broker or agent. All binders of insurance and insurance policies shall be signed by a licensed individual or by such person acting under a power of attorney; provided, however, that the provisions of this paragraph shall apply only to the solicitation or negotiation of property or casualty policies of insurance.
Whoever, for compensation, not being an attorney at law acting in the usual course of his profession, directly or indirectly solicits from an insured or the representative of the insured, or performs services pursuant to an agreement, engagement or undertaking to represent the insured in connection with the assessment of damages, negotiation, settlement, appraisal or reference of a loss under a fire insurance policy, homeowners insurance policy, commercial multi-peril insurance policy, business interruption insurance policy, fidelity bond or crime insurance policy, inland or ocean marine insurance policy, or other property damage insurance coverage of any sort, shall be a public insurance adjuster.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162b - Agents and Brokers; Power to Accept Installment Premiums

Section 162B. Insurance agents and brokers may accept payment of insurance premiums in installments to be evidenced by notes or other appropriate instruments running from the insured to the agent or broker; provided, however, that payment of insurance premiums in installments to be evidenced by notes or other appropriate instruments running from the insured to the agent or broker on contracts of insurance, which contracts are primarily for personal, family or household purposes, shall be made under rates, charges and regulations established after public hearing, as equitable and nondiscriminatory, by a board consisting of the attorney general, the insurance commissioner and the commissioner of banks or their respective designees.
For purposes of financing insurance premiums and the subsequent sale or other negotiation of any such note or instrument to a third party, insurance agents and brokers shall be considered to be sellers of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162c - Direct Billing; Mandatory Agreements Prohibited

Section 162C. No insurer issuing or delivering in the commonwealth either motor vehicle policies as defined in sections thirty-four A and thirty-four O of chapter ninety or homeowner insurance policies insuring individuals against risks of loss to personal dwellings or the contents thereof or the personal liability pertaining thereto, shall demand or make mandatory upon any agent licensed in the commonwealth any system of direct billing to the insured by the insurer with respect to such policies unless such system shall be approved, accepted and endorsed by any such agent in writing on a form prescribed by the commissioner.
No insurer issuing or delivering in the commonwealth either motor vehicle policies as defined in sections thirty-four A and thirty-four O of chapter ninety or homeowner insurance policies insuring individuals against risks of loss to personal dwellings or the contents thereof or the personal liability pertaining thereto shall, with respect to such policies, cancel an agent's book of business with such insurer in its entirety or in part following decision by said agent not to accept a direct billing proposal advanced by such insurer, if such cancellation is attributable to said decision not to accept a system of direct billing to the insured.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162d - Expense Premium Commissions; Payment to Insurance Agents; Additional Compensation

Section 162D. Any insurer issuing or delivering in the commonwealth either motor vehicle policies or bonds, as defined in section thirty-four A and thirty-four O of chapter ninety, which do business in the commonwealth through independent licensed insurance agents pursuant to the so-called American Agency System or any other system, other than that of an employer to employee relationship and designated producers, under the plan for equitable apportionment among companies of premiums, losses or expenses, or any combination thereof, as provided under section one hundred and thirteen H, shall pay each agent the indicated expense premium commission as established by the commissioner in his opinion, findings and decision on automobile insurance rates as commission only, and no portion of the indicated expense premium commission shall be considered as profit sharing or expense reimbursement. The insurer shall be allowed a variation in the commission paid to each agent of not more than plus or minus ten per cent of the dollar commission established in the commissioner's findings; provided, however, the insurer shall be required to pay to its agents all of the commission dollars allowed in the rates as commissions. Nothing in this act shall prevent any insurer from paying any additional compensation in the form of commission overrides, bonuses, profit sharing benefits and expense reimbursements.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162e - Motor Vehicle Insurance Made by Insurer Pursuant to American Agency System; Insurer Commission Arrangements

Section 162E. Any filing of rates for insurance to which chapter one hundred and seventy-five E is applicable which is made by an insurer doing business in this commonwealth through independent licensed insurance agents pursuant to the so-called American Agency System other than that of any employer to employee relationship and designated producers, shall specify the amount which such insurer shall pay to such agents as fair and reasonable expense premium commission for policies and bonds subject to such rates. Such insurer's commission arrangements shall guarantee that the total amount paid to all such agents under all such policies and bonds placed with the insurer during the period such rates are in effect shall, in the aggregate, total the amounts of commission applicable to all such policies and bonds. No portion of the expense premium commission shall be considered as profit sharing or expense reimbursement. The commissioner may require appropriate reports from such insurers in order to insure compliance with requirement. Nothing in this act shall prevent any insurer from paying compensation to its agents above that specified in its filing.
For private passenger automobile insurance policies and bonds effective during the four-year period commencing on the first day that rates for such insurance are regulated under chapter one hundred and seventy-five E following the effective date of this act, the amount paid in compliance with the requirements of the first paragraph of this section shall not be less than the dollars produced by utilization of the percentage of expense premium commission established by the commissioner in his opinion, findings and decision on private passenger automobile insurance rates to be charged immediately prior to such day. An insurer may vary the amount of commission paid to any agent by not more than plus or minus ten per cent provided the proper total dollars are paid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162f - Property or Casualty Insurance Information; Proprietary Rights of Agents and Brokers

Section 162F. A duly licensed agent or a duly licensed broker doing business pursuant to the so-called American agency system, other than that of an employer to employee relationship, shall own and have an exclusive right to use certain insurance information contained in insurance policies, certificates of insurance or a written memorandum of a preliminary contract of insurance issued by said agent or broker, embodying the records of an insurance agency which shall include but not be limited to the policy inception date, the amount of insurance coverage, the policy number, the name of the insurance company, the name of the insured, the amount of insurance premiums and the terms of insurance. Any bank, lending institution, mortgage company, or mortgagee, whether acting under state or federal authority, including but not limited to those banks as defined in section one of chapter one hundred and sixty-seven, or any loss payee who obtains said insurance information as evidence or proof of insurance shall be prohibited from using, selling, or transferring said insurance information to any third party for the purpose of marketing, underwriting, or soliciting insurance. The provisions of this section shall apply only to property and casualty insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162g - Licensing of Insurance Producers; Secs. 162h Through 162x Govern Qualifications and Procedures

Section 162G. Sections 162H to 162X, inclusive, shall govern the qualifications and procedures for the licensing of insurance producers.
Sections 162H to 162X, inclusive, do not apply to special insurance brokers licensed pursuant to section 168, except as provided in section 162N and subsection B of section 162U.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162k - Insurance Producer License; Written Examination

Section 162K. (a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 162O. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer and the insurance laws and regulations of the commonwealth. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner.
(b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee determined or approved by the commissioner.
(c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner.
(d) An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162l - Insurance Producer License; Application; Requirements for Approval

Section 162L. (a) A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, correct and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual:—
(1) is at least 18 years of age;
(2) has not committed any act that is a ground for denial, suspension or revocation set forth in section 162R;
(3) when required by the commissioner, has completed a prelicensing course of study for the lines of authority for which the person has applied;
(4) has paid the fees prescribed by section 14; and
(5) has successfully passed the examinations for the lines of authority for which the person has applied.
(b) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner shall find that:—
(1) the business entity has paid the fees prescribed by section 14; and
(2) the business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules and regulations of the commonwealth.
(c) The commissioner may require any documents reasonably necessary to verify the information contained in an application.
(d) Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162n - Insurance Producer License; Nonresident Producer Licenses

Section 162N. (a) Unless denied licensure pursuant to section 162R, a nonresident person shall receive a nonresident producer license if:—
(1) the person is currently licensed as a resident and in good standing in his home state;
(2) the person has submitted the proper request for licensure and has paid the fees prescribed by section 14;
(3) the person has submitted or transmitted to the commissioner the application for licensure that the person submitted to his home state, or in lieu of the same, a completed uniform application; and
(4) the person's home state awards nonresident producer licenses to residents of the commonwealth on the same basis.
(b) The commissioner may verify the producer's licensing status through the producer database maintained by the NAIC, its affiliates or subsidiaries.
(c) A nonresident producer who moves from 1 state to another state or a resident producer who moves from the commonwealth to another state shall file a change of address and provide certification from the new resident state within 30 days of the change of legal residence. No fee or license application is required.
(d) Notwithstanding any other provision of sections 162H to 162X, inclusive, a person licensed as a surplus lines producer in his home state shall receive a nonresident surplus lines producer license under subsection (a). Except as provided in said subsection (a), nothing in this section otherwise amends or supersedes any provision of section 168.
(e) Notwithstanding any other provision of sections 162H to 162X, inclusive, a person licensed as a limited line credit insurance or other type of limited lines producer in his home state shall receive a nonresident limited lines producer license, under subsection (a), granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this subsection limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to clauses (1) to (5), inclusive, of subsection (a) of section 162M.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162o - Insurance Producer License; Application by Individual Licensed as an Insurance Producer in Another State

Section 162O. (a) An individual who applies for an insurance producer license in the commonwealth who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer database records, maintained by the NAIC, its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(b) A person licensed as an insurance producer in another state who moves to the commonwealth shall make application within 90 days of establishing legal residence to become a resident licensee under section 162L. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except where the commissioner determines otherwise by regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162q - Insurance Producer License; Temporary License

Section 162Q. (a) The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner determines that the temporary license is necessary for the servicing of an insurance business in the following cases:—
(1) to the surviving spouse or court appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer's business;
(2) to a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;
(3) to the designee of a licensed insurance producer entering active service in the armed forces of the United States; or
(4) in any other circumstance where the commissioner deems that the public interest will best be served by the issuance of this license.
(b) The commissioner may by order limit the authority of any temporary licensee in any way considered necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162s - Insurance Producers Acting as Agents of Insurers; Appointment Procedures

Section 162S. (a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
(b) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
(c) Upon receipt of the notice of appointment, the commissioner shall verify within a reasonable time not to exceed 30 days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the commissioner shall notify the insurer within 5 days of its determination.
(d) An insurer shall pay an appointment fee, in the amount prescribed by section 14, for each insurance producer appointed by the insurer.
(e) An insurer shall remit, in a manner prescribed by the commissioner, a renewal appointment fee in the amount prescribed by section 14.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162u - Insurance Producer License; Waiver of Requirements for Nonresident License Applicant

Section 162U. (a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his home state, except the requirements imposed by section 162N if the applicant's home state awards nonresident licenses to residents of the commonwealth on the same basis.
(b) A nonresident producer's satisfaction of his home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of the commonwealth's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from the commonwealth on the same basis.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162v - Reporting of Administrative Action Taken Against Insurance Producer; Reporting of Criminal Prosecution of Insurance Producer

Section 162V. (a) A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in the commonwealth within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.
(b) Within 30 days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 162x - Severability of Secs. 162g to 162x

Section 162X. If any provisions of sections 162G to 162X, inclusive, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of said sections 162G to 162X, inclusive, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 164 - Collectors of Premiums

Section 164. A collector of premiums who does not solicit applications for or the renewal or continuance of insurance contracts, or act or aid in negotiating such contracts or the continuance or renewal thereof, may carry on such business without a license therefor, provided that the collection fee does not exceed five per cent of any amount collected.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 164a - Lapsed Industrial Life Policies; Effect on Agents' Commissions

Section 164A. If a policy of industrial life insurance upon which premiums have been paid for three years or more lapses for non-payment of a premium and is surrendered to the company for a cash surrender value or continues in force as paid-up or extended term insurance, the company shall not charge any of its agents with a decrease for or on account of the premium on said policy nor make any deduction from his commission or salary for or on account of the lapse of said policy.
Nothing in this section shall prohibit a life company from contracting to pay any of its agents additional compensation for the conservation of insurance, based upon the relation of the lapse rate of premiums on one or more classes of industrial life insurance policies or combined industrial and monthly premium debit insurance policies under his supervision to the lapse rate of premiums on insurance policies of the same class or classes in the entire company; nor shall anything in this section prohibit a company, which has contracted to pay its agents in this commonwealth such additional compensation for the conservation of insurance, from also contracting with any such agent that he shall not be paid first-year commissions on any new policy issued on an application procured by him on the life of a person or a dependent sharing the home with such person who has terminated a policy issued by the company on his life or that of such a dependent not more than three months before, or who terminates such a policy within three months after, application for such new policy is made.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 166b - Revocation of License; Disposition of Interest as Proprietor, Employee, Etc. of Insurance Producer; Appointment of Receiver; Injunction

Section 166B. Whenever the commissioner revokes a license in accordance with the provisions of section 162R, he may also order the person whose license has been revoked to dispose of any interest as proprietor, partner, stockholder, officer or employee of any licensed insurance producer. All terms and conditions relating to said disposition of any such interest shall be subject to the approval of the commissioner. No person whose license as an insurance producer has been revoked shall be allowed to thereafter own, manage, direct or be an employee of any insurance producer without the prior approval of the commissioner. The license of any insurance producer employing such a person or permitting such a person to own or manage or serve as a partner, stockholder or officer of his agency or brokerage without the prior approval of the commissioner shall be subject to revocation or suspension.
Whenever the commissioner revokes a license of an insurance producer, or, if he is satisfied that the continued transaction of business by an insurance producer would be hazardous to the public, his customers or creditors, he may apply to the supreme judicial court for an injunction restraining the insurance producer from further proceeding with his business and for the appointment of a receiver. The court may issue a temporary injunction and appoint one or more temporary receivers forthwith, and it may after a hearing issue a permanent injunction and appoint one or more permanent receivers to take possession of the business property and effects of the insurance producer, to settle its affairs and to distribute its assets, subject to such rules and orders as the court may prescribe. The provisions of sections one hundred and seventy-eight to one hundred and eighty, inclusive, shall, so far as applicable, apply to receivers appointed pursuant hereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 167a - Insurance Producer License; Fee Exemption for Certain Persons

Section 167A. No fee for an insurance producer's license issued under section 162M shall be required of or on account of any veteran resident in this commonwealth, or of or on account of any blind person, if he presents to the commissioner satisfactory evidence of his identity; or of or on account of his widow if he held such a license immediately prior to his death.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 169 - Effect of Payment to Agent or Broker

Section 169. An insurance agent or broker acting for a person other than himself in negotiating, continuing or renewing any policy of insurance or any annuity or pure endowment contract shall, for the purpose of receiving any premium therefor, be held to be the agent of the company, whatever conditions or stipulations may be inserted in the policy or contract.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 170 - Agent or Broker; Procurement of Payment of Premium by Fraud; Penalty

Section 170. An insurance agent or broker who knowingly procures by fraudulent representations payment or the obligation for the payment of any premium on any policy of insurance or any annuity or pure endowment contract shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 174a - Hearings, Revocation or Suspension of Licenses; Notices

Section 174A. Notices of hearings required by section 162R, one hundred and seventy-two, one hundred and seventy-three or one hundred and seventy-four or of the revocation or suspension of any license issued under any of said sections shall be deemed sufficient when sent postpaid by registered mail to the last business or residence address of the licensee appearing on the records of the commissioner. The affidavit of the commissioner or of any person authorized by him to send such notice that such notice has been sent in accordance with this section shall be prima facie evidence that such notice was duly given.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 174b - Revoked Licenses; Surrender; Renewal Certificates; Penalty

Section 174B. A person licensed under section 162M, 162N, one hundred and sixty-eight or one hundred and seventy-two shall, upon the revocation of his license and upon written demand therefor, and a partnership licensed under section one hundred and seventy-three or a corporation licensed under section one hundred and seventy-four shall, upon the revocation of its license as to all the members of the firm or as to the corporation and upon such demand, forthwith surrender his or its license or the renewal certificate thereof to the commissioner. Such partnership or corporation shall, upon the revocation of its license as to less than all of its members or officers and upon such demand, forthwith surrender its license or renewal certificate to the commissioner, and he shall thereupon cancel it, and issue an amended license or renewal certificate covering the remaining partners or other officers of the corporation and running for the unexpired term of the surrendered license or renewal certificate. Demands hereunder may be served as provided in section one hundred and seventy-four A. If the license or renewal certificate has been lost, stolen or destroyed, an affidavit to that effect shall be filed with the commissioner in such form as he may require. Whoever neglects or refuses to comply with this section or knowingly and wilfully makes a false affidavit hereunder shall be punished by a fine of not less than one hundred nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 174f - Business Transacted With Broker&ndash;controlled Insurer Act

Section 174F. Sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, shall be known and may be cited as the Business Transacted with Broker–Controlled Insurer Act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 174h - Applicability of Secs. 174f to 174k

Section 174H. Sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, shall apply to insurers as defined in section one hundred and seventy-four G either domiciled in the commonwealth or domiciled in a state other than an accredited state which has in effect a substantially similar law. All provisions of sections two hundred and six to two hundred and six D, inclusive, to the extent they are not superseded by sections one hundred and seventy-four I to one hundred and seventy-four K, inclusive, shall continue to apply to all parties within holding company systems subject to sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive.