reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 10a - Rating Organization; Toll Free Tip Line for Reporting Suspected Motor Vehicle Theft; Rewards for Information

Section 10A. (a) An automobile insurance rating organization licensed under the provisions of section eight is hereby authorized to create a statewide toll free tip line for reporting information on stolen cars and suspected auto theft activities to the state police and the governor's auto theft strike force. Said line shall be manned between eight ante meridian and five post meridian, Mondays through Fridays, and shall utilize a message recording device at all other times.
(b) Information shall be directed by the state police in conjunction with the governor's auto theft strike force to the appropriate local law enforcement agency, which shall investigate auto theft activities based on such information. The results of the investigation shall be submitted to the governor's auto theft strike force in a timely manner.
(c) If the investigation made pursuant to paragraph (b) leads to an arrest or arrests and prosecution of persons involved in auto theft or related violations of law, such information which leads to the arrest and prosecution shall be reviewed by a reward committee. Such reward committee shall be created by the governor's auto theft strike force subject to the approval of the secretary of public safety and shall include representatives of local law enforcement agencies, the state police, the registry of motor vehicles and insurance companies writing automobile policies in the commonwealth.
(d) The governor's auto theft strike force shall, after approval of the reward committee, reward information with:
(1) up to one thousand dollars for information leading to the arrest and prosecution of suspected individual car thieves;
(2) up to one thousand dollars for the issuance of a warrant for suspected car theft ring members or chop shop operators;
(3) up to five thousand dollars for the arrest and binding over for trial of suspected car theft ring members or chop shop operators;
(4) up to ten thousand dollars for the conviction of car theft ring members or chop shop operators.
(e) In all cases, the methods for receiving and processing tips shall protect the identity of informants.
(f) The governor's auto theft strike force shall contract for an advertising and public relations campaign, including public service announcements, to publicize the existence of this program.
(g) All expenses and rewards incurred by said program shall be paid by the automobile insurance rating organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 11 - Rate Information; Furnishing to Insured; Appearance by Agent or Broker

Section 11. Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.
Every rating organization and every insurer which makes its own rates shall provide within this commonwealth reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject such request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty days after written notice of such action, appeal to the commissioner, who, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization or insurer, may affirm or reverse such action.
An insurance agent licensed under the provisions of section one hundred and sixty-three of chapter one hundred and seventy-five and an insurance broker licensed under the provisions of section one hundred and sixty-six of said chapter shall have the right to appear on behalf of the assured pursuant to the provisions of this section when so authorized by him in writing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 12 - Advisory Organization

Section 12. (a) Every group, association or other organization of insurers, whether located within or outside this commonwealth, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this chapter, shall be known as an advisory organization.
(b) Every advisory organization shall file with the commissioner (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its by-laws, rules and regulations governing its activities, (2) a list of its members, (3) the name and address of a resident of this commonwealth upon whom notices or orders of the commissioner or process issued at his direction may be served, and (4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section fourteen.
(c) If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with any provision or provisions of this chapter, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with such provision or provisions, and requiring the discontinuance of such act or practice.
(d) No insurer which makes its own filings, and no rating organization, shall support its filings by statistics or adopt rate-making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving such statistics or recommendations issued under subsection (c) of this section. If the commissioner finds such insurer or rating organization to be in violation of this subsection he may issue an order requiring the discontinuance of such violation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 13 - Joint Reinsurance; Regulations

Section 13. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this chapter and, with respect to joint reinsurance, to sections fourteen and eighteen and nineteen.
(b) If, after due notice and a hearing, the commissioner finds that any activity or practice of any such group, association or other organization is unfair or unreasonable or otherwise inconsistent with any provision or provisions of this chapter, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with such provision or provisions, and requiring the discontinuance of such activity or practice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 15 - Rating Organizations; Regulations; Commissioner's Power to Promulgate Rules

Section 15. (a) The commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid him in determining whether rating systems comply with the standards set forth in section five. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this commonwealth and are not susceptible of determination by a prorating of countrywide expense experience. In promulgating such rules and plans, the commissioner shall give due consideration to the rating systems on file with him and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The commissioner may designate one or more rating organizations or other agencies to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the commissioner, to insurers and rating organizations.
(b) Reasonable rules and plans may be promulgated by the commissioner for the interchange of data necessary for the application of rating plans.
(c) In order to further uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult and co-operate with them with respect to rate making and the application of rating systems.
(d) The commissioner may make reasonable rules and regulations necessary to effect the purpose of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 16 - False or Misleading Information

Section 16. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 17 - Agreements and Rate Modifications; Commissioner's Approval

Section 17. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to, procure such insurance through ordinary methods and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 18 - Violation of This Chapter; Penalty

Section 18. Any person or organization wilfully violating any provision of this chapter shall be punished by a fine of not more than five hundred dollars for each such violation. Such penalty may be in addition to any other penalty provided by law.
The commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed. No license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than ten days' written notice to such organization specifying the alleged violation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 19 - Aggrieved Insurer or Rating Organization; Hearing Before Commissioner; Appeal

Section 19. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within thirty days after receipt of such request and shall give not less than fifteen days' written notice of the time and place of the hearing. Within thirty days after such hearing the commissioner shall affirm, reverse or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon the commissioner may suspend or postpone the effective date of his previous action.
(b) Nothing contained in this chapter shall require the observance at any hearing held under authority thereof of formal rules of pleading or evidence.
(c) Any order or decision of the commissioner under authority of this chapter shall be subject to review, which shall be on the basis of the record of the proceedings before the commissioner, by appeal to the supreme judicial court at the instance of any party in interest. The order or decision shall be reviewed in accordance with the standards for review provided in paragraph (8) of section fourteen of chapter thirty A.
The court shall determine whether the filing of the appeal shall operate as a stay of any such order or decision of the commissioner. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175a - Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations › Section 20 - Severability

Section 20. If any section, subsection, subdivision, paragraph, sentence or clause of this chapter is held invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175b - Unauthorized Insurer's Process Act › Section 1 - Purpose

Section 1. The purpose of this chapter is to subject certain insurers to the jurisdiction of courts of the commonwealth in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this commonwealth hold policies of insurance issued or delivered in this commonwealth by insurers while not authorized to do business in the commonwealth, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this commonwealth, and also exercises powers and privileges available to the commonwealth by virtue of Public Law 15, 79th Congress of the United States, chapter 20, 1st Sess., S. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175b - Unauthorized Insurer's Process Act › Section 3 - Suits Against Certain Unauthorized Insurers; Restriction on Pleadings

Section 3. (a) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading other than a plea in bar, in abatement, to the jurisdiction, or a motion to dismiss in any action, suit or proceeding instituted against it, such unauthorized insurer shall either (1) deposit with the clerk of the court in which such action, suit or proceeding is pending, cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; provided, however, that the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceeding; or (2) procure a certificate of authority to transact the business of insurance in the commonwealth.
(b) The court in any action, suit or proceeding, in which service is made in the manner provided in subsections (b) or (c) of section two may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section and to defend such action.
(c) Nothing in subsection (a) of this section is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in subsections (b) or (c) of section two hereof, on the ground either (1) that such unauthorized insurer has not done any of the acts enumerated in subsection (a) of section two, or (2) that the person on whom service was made pursuant to subsection (c) of section two was not doing any of the acts therein enumerated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175b - Unauthorized Insurer's Process Act › Section 3a - Unauthorized Companies; Non-Applicability of This Chapter

Section 3A. The provisions of this chapter shall not apply to any suit, action or proceeding against any foreign company not lawfully admitted to transact business in the commonwealth arising out of any contract of insurance effectuated in accordance with section one hundred and sixty-eight of chapter one hundred and seventy-five, or to any contract of reinsurance, provided that such contract contains a provision designating the commissioner of insurance or his successor in office its true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of such contract of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175b - Unauthorized Insurer's Process Act › Section 4 - Attorney's Fees; Allowance

Section 4. In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in the commonwealth to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one half per cent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars. Failure of an insurer to defend on the merits any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175b - Unauthorized Insurer's Process Act › Section 5 - Severability

Section 5. If any provision of this chapter, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 3 - Solicitation of Business; Inspection of Records; Compensation of Agents

Section 3. No insurance company shall direct any agent or other producer not to solicit business through the association; no insurance agent shall direct any other agent in his employ or any broker or other producer not to solicit business through the association; and no agent, broker or other producer shall be penalized in any way by an insurance company or employer producer for submitting applications to the association.
No insurance agent or broker licensed to sell basic property insurance shall be allowed to refuse a request for inspection from an eligible applicant for basic property insurance unless such applicant is:
(a) Then indebted to any agent, broker or company for coverage requested;
(b) Then unwilling to make satisfactory payment arrangements for the coverage requested.
Agents and brokers submitting applications to the association shall be compensated by commissions upon the original issuance of coverage, each installment payment if any, and each renewal thereof and shall be entitled to no other compensation.
Commissions to licensed insurance agents and brokers from the association established in accordance with the provisions of this chapter shall be set by the commissioner from time to time at such percentage of the average commission rate customarily paid by those insurance companies who customarily compensate agents by commissions, as the commissioner, after appropriate hearing, shall find to be sufficiently attractive to encourage agents and brokers to actively seek out risks and to assist property owners to obtain coverage while at the same time leaving a further incentive to the agent or broker to place such business through his customary markets when he finds that it is practicable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 6 - Liability for Operations of Association

Section 6. There shall be no liability on the part of, and no cause of action of any nature shall arise against insurance companies,, the association, or agents or employees thereof, or insurance agents or brokers using the, plan or association, or the commissioner or his authorized representatives, for any inspections undertaken, acts or omissions in connection therewith or statements made in any reports and communications concerning the insurability of the property, or at the time of any hearings conducted in connection therewith, or in the findings required by the provisions of this chapter. The reports and communications of the association shall not be considered public records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 6a - Act or Omission Resulting in Damage or Injury; Liability of Director, Officer, Trustee or Agent

Section 6A. No person who serves as a director, officer, trustee or agent of the association shall be held liable solely by reason of such service as a director, officer, trustee or agent for any act or omission resulting in damage or injury to another, if such person was acting in good faith and within the scope of his official functions and duties, unless such damage or injury was caused by willful or wanton misconduct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 7 - Denial of Association; Review

Section 7. The denial by the association of a part or all of the coverage requested by an eligible applicant, and any other decision requiring improvements to be made or loss prevention measures to be taken as a condition of providing basic property insurance shall be subject to review by the commissioner if an eligible applicant files an appeal with the commissioner within ten days of any such denial or decision. On receipt of any such appeal the commissioner shall cause an investigation of the facts to be made, shall grant all interested parties an opportunity to be heard and shall enter such finding, order or decision as he deems will best meet the purposes of this chapter.
Any person aggrieved by any such finding, order or decision and any person aggrieved by any other rule or regulation of the commissioner made pursuant to this chapter may, within ten days of the filing of any such finding, order, decision, rule or regulation in the office of the commissioner, appeal therefrom to the superior court, for the county in which the complainant resides. The court shall, after such notice to the parties as it deems reasonable, hold a summary hearing on such appeal and shall have jurisdiction in equity to review all questions of fact and law, and to affirm or reverse such finding or order and to make any appropriate decree. The decision of the court shall be final and binding on all parties and may include such order as to costs as the court deems equitable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 8 - Assessment of Insurance Companies for Operating Expenses

Section 8. (a) In order to carry out the purpose of this chapter the commissioner is authorized to assess each insurance company an amount in the proportion that the premiums earned in the commonwealth during the preceding calendar year by each such company in those lines of insurance which are eligible for reinsurance by the Secretary of the United States Department of Housing and Urban Development in the commonwealth during the current calendar year bear to the aggregate premiums earned in the commonwealth during such preceding calendar year by all such companies on such lines, sufficient to provide a fund to reimburse said secretary pursuant to the provisions of section 1223(a)(1) of the Federal Urban Property Protection and Reinsurance Act of 1968. Such assessment shall be made by the commissioner only after receipt and verification by him of a claim from said secretary and shall be due and payable to the commissioner on and after the forty-fifth day following the receipt by the commissioner of a claim from said secretary.
(b) Insurers may add to the premium rate applicable to such lines of insurance on policies issued to be effective after the date of such assessment an amount, to be approved by the commissioner, sufficient to recover within not more than three years any amounts assessed under subsection (a) of this section during the preceding calendar year plus costs and expenses reasonably attributable to such assessment and recovery.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175c - Urban Area Insurance Placement › Section 9 - Market Assistance Plan; Publication of Availability

Section 9. The association established pursuant to the provisions of this chapter shall prepare and submit to the commissioner of insurance a market assistance plan to assist applicants to obtain homeowners insurance in the voluntary market. All members of the association may, but shall not be required to, participate in the plan. The plan shall be approved by the commissioner if he finds that it is consistent with the purposes of this chapter and will assist applicants in obtaining insurance in the voluntary market.
The plan shall provide that, upon request, any applicant or licensed broker on behalf of such applicant who contacts the plan shall be directed to an insurer which has elected to participate in the plan and shall be advised of an appropriate means to contact such insurer. Upon being contacted by the applicant or broker, the participating insurer shall evaluate the insurance risk posed by such application and may accept or decline to underwrite the insurance coverage. An insurer which declines to underwrite such coverage shall have the duty of informing the applicant and his broker of the process for obtaining coverage from the association.
The association shall publicize the availability of the plan to insurance consumers and brokers in credit-eligible territories and all other areas in which the association believes that the availability of homeowners insurance is particularly constrained due to exposure to hurricanes or other catastrophic natural disasters.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
(1) ''Commissioner'', the commissioner of insurance.
(2) ''Covered claim'', an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer and (a) the claimant or insured is a resident of the commonwealth; or (b) the property from which the claim arises is permanently located in the commonwealth.
''Covered claim'', shall not include (1) claims excluded pursuant to section 17 due to the high net worth of an insured, and (2) any amount due a reinsurer, insurer, insurance pool or underwriting association; provided, that a claim for the amount, asserted against a person insured under a policy issued by an insurer which has become an insolvent insurer, which, if it were not a claim by or for the benefit of a reinsurer, insurer, insurance pool or underwriting association, would be a ''covered claim'' may be filed directly with the receiver of the insolvent insurer, but in no event may the claim be asserted against the insured of the insolvent insurer.
(3) ''Fund'', the Massachusetts Insurers Insolvency Fund created under section three.
(4) ''Insolvent Insurer'', an insurer authorized to transact insurance in this commonwealth either at the time the policy was issued or when the insured event occurred and determined to be insolvent by a court of competent jurisdiction.
(5) ''Insurer'', any person, except as provided in the ninth paragraph of section six of chapter three hundred and sixty-two of the acts of nineteen hundred and seventy-five, who (a) writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance contracts, and (b) is licensed to transact insurance in the commonwealth.
(6) ''Net direct written premiums'', direct gross premiums written in the commonwealth on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policy holders on such direct business. Premiums written by any insurer on policies issued to self-insurers, whether or not designated reinsurance contracts, shall be deemed net direct written premiums. For workers' compensation policies issued with deductibles under paragraph (4) of section 25A of chapter 152, net direct written premiums shall be deemed to be an amount equal to standard premium plus any applicable all risk adjustment program amounts.
(7) ''Plan'', the plan of operation established and approved under section six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 2 - Application of Chapter

Section 2. This chapter shall apply to all kinds of direct insurance, except life, accident and health, title, surety, disability credit, mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks, insurance of warranties of any type of service contracts and ocean marine insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 3 - Massachusetts Insurers Insolvency Fund

Section 3. There is hereby created a nonprofit unincorporated legal entity to be known as the Massachusetts Insurers Insolvency Fund consisting of all insurers. The Fund shall perform its functions under a plan of operation established and approved under section six, and shall exercise its powers through a board of directors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 4 - Board of Directors

Section 4. The board of directors of the Fund shall consist of not less than five nor more than nine persons serving such terms as are established in the plan of operation. The members of the board shall be nominated by members of the Fund subject to the approval of the commissioner; provided, however, that at least one member of the board shall be appointed by the commissioner as a representative of insurance producers. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. In approving nominations to the board the commissioner shall consider whether all insurers are fairly represented. Members of the board may be reimbursed from the assets of the Fund for expenses incurred by them as members of the board of directors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 6 - Plan of Operation

Section 6. (1) (a) The Fund shall, within ninety days after the nomination of the initial board of directors, submit to the commissioner a plan of operation, and thereafter such amendments thereto as may be necessary or suitable to assure the fair, reasonable and equitable administration of the Fund. The plan of operation and any amendments thereto shall become effective as approved in writing by the commissioner. All insurers shall comply with the plan of operation so approved.
(b) If the Fund fails to submit a suitable plan of operation within said ninety day period or if at any time thereafter the Fund fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules and regulations as are necessary or advisable to carry out the provisions of this chapter. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the Fund and approved by the commissioner.
(2) The plan shall establish:
(a) procedures for carrying out the powers and duties of the Fund under section five;
(b) procedures for handling assets of the Fund;
(c) The method of reimbursing members of the board of directors for expenses incurred;
(d) procedures by which claims may be filed with the Fund and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the Fund or its agent and a list of such claims shall be periodically submitted to the Fund by the receiver or liquidator;
(e) regular places and times for meeting of the board;
(f) procedures for records to be kept of all activities and financial transactions of the Fund, its agents and the board of directors;
(g) the procedures whereby nominations for the board of directors will be submitted to the commissioner; and shall
(h) provide that any insurer aggrieved by any action or decision of the Fund may appeal to the commissioner within thirty days after the action or decision.
(3) The plan of operation may provide that any or all powers and duties of the Fund, except those under clause (c) of paragraph (1) of section five and clause (c) of paragraph (2) of section five, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of the Fund or its equivalent in two or more states. Such corporation, association or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other functions of the Fund. A delegation of powers and duties under this section shall take effect only with the approval of both the board of directors and the commissioner and may be made only to a corporation, association or organization which is permanent and extends protection not substantially less favorable and effective than that provided by this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 7 - Powers and Duties of Commissioner

Section 7. (1) The commissioner shall:
(a) notify the Fund of each insolvent insurer not later than three days after he receives notice of such insolvency and furnish to the Fund a copy of any complaint seeking an order of liquidation with a finding of insolvency against a company at the same time that such complaint is filed with a court of competent jurisdiction;
(b) provide the Fund with a statement of the net direct written premiums of each insurer; and
(c) begin an examination not later than thirty days after receiving a request for examination of an insurer under clause (e) of paragraph (2) of section five. Such examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the commissioner shall designate. The cost of such examination shall be paid by the Fund and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public. The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection.
(2) The commissioner may:
(a) require that the Fund notify the insureds of the insolvent insurer and any other interested parties of the insolvency and of their rights under this chapter;
(b) suspend or revoke, after notice and hearings, the certificate of authority to transact insurance in this state of any insurer which fails to pay an assessment when due or fails to comply with the plan; and
(c) revoke the authority of any servicing facility if he finds claims are being handled unsatisfactorily.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 8 - Recovery of Claims From Fund; Assignment of Policy Rights; Cooperation; Liability of Insolvent Insurer's Receiver, Et al.; Settlements; Periodic Statements and Estimates of Claims

Section 8. (1) Any person recovering under this chapter shall be deemed to have assigned his rights under the policy to the Fund to the extent of his recovery from the Fund, but shall retain the right to recover from the receiver or liquidator of the insolvent insurer any amount of his claim under the coverage of the policy not paid by the Fund. Every person with a right to recover under this chapter shall cooperate with the Fund in the handling of the claim to the same extent as such person would have been required to cooperate with the insolvent insurer. The Fund shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out.
(2) The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by settlements of claims by the Fund and shall grant, against the assets of the insolvent insurer, priority equal to that which the claimant would have been entitled in the absence of this chapter.
(3) The Fund shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Fund and estimates of anticipated claims on the Fund which shall preserve the rights of the Fund against the assets of the insolvent insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 9 - Exhaustion of Policy Insolvency Provisions on Covered Claims; Reduction of Recovery on Policy From Amount Payable Under This Chapter; Multiple Funds

Section 9. Any person having a claim against his insurer under any insolvency provision in his insurance policy which is also a covered claim shall be required to exhaust first his right under such policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of such recovery under the claimant's insurance policy. Any person having a claim which may be recovered under more than one insurer's insolvency fund or its equivalent shall seek recovery first from the fund of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, such person shall seek recovery first from the fund of the location of the property, but if it is a claim for compensation or other benefits under a workers' compensation policy, such person shall seek recovery first from the fund of the jurisdiction of the claimant's contract of hire. Any recovery under this chapter shall be reduced by the amount of the recovery from any other insurers' insolvency fund or its equivalent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 12 - Return of Excess Assets to Insurers in Proportion to Contributions to Fund

Section 12. If, at the end of any calendar year, the board of directors finds that the assets of the Fund exceed the liabilities of the Fund as estimated by the board of directors for the coming year, the board may order that the amount by which the assets of the fund exceed the liabilities shall be returned to the insurers in proportion to the contribution of each insurer to the Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 13 - Rates and Premiums for Policies to Which This Chapter Applies; Sufficiency to Recoup Amounts Paid to Fund

Section 13. The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup over a reasonable length of time a sum equal to the amounts paid to the Fund by the insurer less any amounts returned to the insurer by the Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 15 - Stay of Pending Court Proceedings Involving Insolvent Insurer as Party; Defense by Fund

Section 15. All proceedings in which the insolvent insurer is a party in any court in this commonwealth shall be stayed for up to six months and such additional time thereafter as may be determined by the court from the date the insolvency is declared or an ancillary proceeding is instituted in the commonwealth whichever is later to permit proper defense by the Fund of all pending causes of action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175d - Massachusetts Insurers Insolvency Fund › Section 16 - Termination of Fund by Order of Commissioner; Federal Statutory Plan on Insurer Insolvency; Distribution of Assets

Section 16. The commissioner may by order terminate the operation of the Fund as to any kind of insurance with respect to which he has found, after notice and hearing, that there is in effect a statutory plan of the United States government to avoid excessive delay or financial loss to claimants or policyholders because of insurer insolvency. Such order for termination shall continue the operation of this chapter with respect to prior insurer insolvencies not covered by such plan. The order shall also provide for a proportionate distribution of the assets of the Fund to insurers which will cease to be members of the Fund on the effective date of the order.