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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94e - Foreign Exchange; License to Transact Business; Application and Declaration; Requirements

Section 94E. Foreign exchanges may apply for a license to transact business in the commonwealth in the manner set forth in section ninety-four D, with the following exceptions and additions:—
(a) A declaration setting forth that it has funds necessary to meet the financial requirements of a foreign mutual company transacting the same classes of business as provided in subdivision numbered (3) of clause Second of section one hundred and fifty-one, section one hundred and fifty-two and section fifty-four B, and, in the case of an exchange writing non-assessable policies, that it has complied with the financial requirements of section one hundred and fifty-two A.
(b) Instead of that portion of the declaration under section ninety-four D which is required by clause (g) thereof, there shall be filed a declaration setting forth that there is in the possession of the attorney in fact, or trustees duly authorized for that purpose in accordance with the laws of the state where the exchange is located, and available for the payment of losses, funds in the amount required by section ninety-four H, either in cash or invested as required by the laws of the state where the exchange is located.
(c) That, except as to the kinds of insurance hereinafter specifically mentioned, instead of that portion of the declaration under said section ninety-four D which is required by clause (h) thereof, the attorney in fact shall file a statement that the exchange has at least one hundred subscribers with insurance in force aggregating not less than two and one half million dollars; provided, that, in the case of employers' liability or workers' compensation insurance, the statement shall set forth that the exchange has at least one hundred subscribers with insurance in force covering a total annual pay roll of not less than two and one half million dollars; and provided, further, that, in the case of automobile insurance, the statement shall set forth that there is in force insurance covering at least one thousand motor vehicles, the premiums on which shall amount to not less than one hundred thousand dollars.
(d) The attorney in fact shall file a financial statement under oath in form prescribed by section twenty-five.
(e) The attorney in fact shall file a certificate from the proper official of the state where the exchange is located, showing that all provisions of law applicable thereto have been complied with and that authority has been given to transact the classes of business which are sought to be transacted in the commonwealth.
(f) The attorney in fact shall file an agreement that no class of business shall be transacted in the commonwealth at such exchange which cannot be transacted by a domestic exchange.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94f - Examination of Application and Declaration by Commissioner; Issuance of License to Transact Business

Section 94F. The commissioner shall examine the application and declaration and all documents filed in connection therewith; and, if he is satisfied that they comply with the law and that the allegations of fact contained therein are true, he shall issue to the attorney in fact a license to transact business, authorizing him to execute for the subscribers under the name designated, such contracts of reciprocal or inter-insurance as are authorized by this chapter, which license shall be subject to section five; provided, however, that no license for a reciprocal insurance exchange consisting of subscribers who are commercial fishing boat owners shall be issued until the applicant has submitted to the commissioner the standards of risk management to be used in evaluating admissions and policy renewals, and until such standards have been certified by the commissioner as being reasonably calculated to provide a risk low enough to permit the reciprocal insurance exchange to remain solvent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94g - Issuance of Insurance Contracts; Conditions Precedent

Section 94G. The attorney in fact shall execute no insurance contract with any subscriber unless the subscriber shall have agreed that, except as hereinafter provided, in case the funds on hand are not sufficient to meet the losses, he will, upon demand, pay to the attorney in fact an amount at least equal to and in addition to the current annual premium deposit called for by his contract, which liability shall endure as long as there are outstanding any claims on contracts issued while he was a subscriber. The total amount of the contingent liability of the subscriber shall be plainly and legibly stated upon each policy. Any domestic exchange meeting the financial requirements imposed on mutual companies transacting the same classes of business under section eighty-five A and section ninety-three F and which has made the deposit with the state treasurer required thereunder, may issue non-assessable policies. Any foreign exchange meeting the financial requirements imposed on foreign mutual companies transacting the same classes of business under section one hundred and fifty-two A may issue non-assessable policies. The provisions of this section relating to contingent liability of subscribers shall not apply to any such non-assessable policies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94h - Required Amount of Assets, Surplus and Reserve Maintained in Hands of Attorney in Fact; Applicability of Other Laws to Exchanges

Section 94H. There shall be maintained at all times in the hands of the attorney in fact, or trustees duly authorized for that purpose, assets in cash or securities equal to all outstanding claims and liabilities, including a reserve liability on contracts in force, that is premium reserve, calculated on the same basis as for mutual companies transacting the same kinds of business, except that during the provisional certifying period specified in section ninety-four D, said premium reserve shall be prorated to an amount commensurate with the number of contracts held and claims outstanding. There shall also be maintained as a surplus any additional sum necessary to meet the standards of solvency required of mutual companies transacting the same kinds of business which, in the case of exchanges, shall in no event be less than two hundred thousand dollars. Such surplus shall, in the case of a domestic exchange, be in cash or invested according to the laws applicable to the investment of the surplus of mutual companies transacting the same kinds of business. The attorney in fact or the subscribers may make deposits to maintain the surplus at the required amount, which shall be made upon condition that they shall not be repaid to the depositor until such time as repayment thereof will not reduce the surplus below the required amount. Exchanges shall be subject to section five, section twenty-three A and section one hundred and fifty-six A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94i - Annual Reporting by Reciprocal Insurance Exchange; Examination of Affairs of Exchange by Commissioner

Section 94I. A reciprocal insurance exchange shall not be required to make any annual report, except as provided in this section.
Every reciprocal insurance exchange shall file annually, on or before March first, or sixty days from such date authorized by the commissioner, with the commissioner a report of its financial condition, verified by oath of its attorney in fact, or in the instance that said attorney in fact is a corporation than by a duly authorized executive officer. The annual statement shall be prepared in accordance with section 25.
At least once in three years, and at other times when the commissioner determines it to be prudent, said commissioner or his designee shall visit each reciprocal insurance exchange, and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations and whether it has complied with the provisions of this chapter. The commissioner, upon application and in his discretion, may enlarge the aforesaid three year period to five years; provided, however, that said reciprocal insurance exchange is subject to a comprehensive annual audit during such period of a scope satisfactory to the commissioner conducted by independent auditors approved by him. The expenses and charges of the examination shall be paid to the commonwealth by the company or companies examined, and the commissioner or his designee shall issue a certificate demanding payment for the proper charges incurred in all examinations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94k - Advisory Committee

Section 94K. An advisory committee or other similar committee or board, composed of not less than three subscribers, shall be elected or appointed by each exchange in the manner provided by the power of attorney, which committee or board shall have the authority and duties provided therein. Notwithstanding the provisions of any general or special law to the contrary, no member of the advisory committee shall be subject to an action for libel or slander arising out of the conduct of such member in the reasonable performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 94m - Unused Premium Deposits

Section 94M. All unused or unabsorbed portions of premium deposits at exchanges returned or credited to subscribers shall be subject to all provisions of this chapter and chapter one hundred and fifty-two relating to the payment of dividends by mutual companies including therein the provisions of sections eighty, one hundred and thirteen B, one hundred and eighty-two, one hundred and eighty-three and one hundred and eighty-four of this chapter and section fifty-three of said chapter one hundred and fifty-two relating to rates of return, classifications and rebates, except that the amount of the unused or unabsorbed portion of the premium deposit credited or returned to the subscriber shall be determined under the terms and conditions of the power of attorney or subscriber's agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 95 - Fire Insurance Policy of Amount Exceeding Fair Value of Property or for Term of Longer Than Seven Years Prohibited

Section 95. No company, and no officer or agent thereof, and no insurance broker shall knowingly issue, negotiate, continue or renew or cause or permit to be issued, negotiated, continued or renewed any fire insurance policy upon property or interests within the commonwealth of an amount which, with any existing insurance thereon, exceeds the fair value of the property, nor for a longer term than seven years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 95a - Requirement of Fire Insurance Policy Exceeding Amount of Outstanding Mortgage Prohibited

Section 95A. No company, and no officer or agent thereof, and no insurance broker shall require an owner of residential property occupied by the insured to continue or renew a fire insurance policy on said property which exceeds the amount of the outstanding mortgage thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 95b - Discrimination Against Abuse Victim in Any Term or Condition of Residential Property Insurance Policy Prohibited

Section 95B. No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a residential property insurance policy upon property within the commonwealth based upon information that an applicant or policy owner, or any member of their family, has been a victim of abuse as defined in section one of chapter two hundred and nine A. No company, and no officer or agent thereof, and no insurance broker shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 96 - Fire Loss; Limitation on Liability Beyond Actual Value of Insured Property; Reimbursement of Premium Paid on Amount in Excess of Actual Value

Section 96. If buildings within the commonwealth insured against loss by fire are totally destroyed by fire, the company shall not be liable beyond the actual value of the insured property at the time of the loss or damage; and if it shall appear that the insured has paid premiums on an amount in excess of said actual value, he shall be reimbursed the proportionate excess of premiums paid on the difference between the amount named in the policy and said actual value, with interest at six per cent per annum from the date of issue; and said excess of premiums and interest thereon shall be allowed the insured from the time any companies carrying said insurance at the time of the loss have continuously carried the insurance on the destroyed buildings, whether under policies existing at the time of the loss or under previous policies in the same companies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 96a - Loss of Use or Occupancy; Limitations

Section 96A. Neither insurance authorized under the provisions of clause seventeenth of section forty-seven nor insurance against loss of use or occupancy shall be subject to the limitations as to value contained in sections ninety-five, ninety-six, ninety-nine, one hundred and two A and one hundred and two B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 97 - Payment to Mortgagees Under Fire Insurance Policy

Section 97. If, by the terms of a fire insurance policy insuring a mortgagor, the whole or any part of the loss thereon is payable to mortgagees of the property, the company shall, upon satisfactory proof of the rights and title of the parties, in accordance with such terms, pay all mortgagees protected by such policy in the order of their priority of claim as their claim shall appear, not beyond the amount for which the company is liable, and such payment shall be to the extent thereof payment and satisfaction of the liability of the company under such policy. A fire insurance policy when it is issued, or by means of an endorsement thereon or a rider attached thereto, may be made payable to a mortgagee or mortgagees as their interests may appear under any present or future mortgage or mortgages. Nothing herein contained shall prevent policies being made payable to a mortgagee or mortgagees in any other lawful manner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 97a - Claims for Loss or Damage to Real Property in Amount Greater Than Five Thousand Dollars; Priority of Claims of City or Town for Payment of Municipal Liens

Section 97A. Notwithstanding any provision to the contrary of any general or special law, every company shall, before paying any claim for loss or damage to real property from any hazard, where the amount of the loss payable under the policy equals or exceeds five thousand dollars, first require the claimant to submit to the company a certificate of municipal liens from the collector of taxes of the city or town wherein such property is located.
Said company shall pay to the city or town any amounts shown on the certificate of municipal liens as outstanding on the date of loss and upon which interest is accruing as of the said date of loss, arising from the provisions of chapters forty, fifty-nine, sixty, eighty, eighty-three and section fifty-eight B to fifty-eight F, inclusive, of chapter one hundred and sixty-four to the extent of the amount of loss payable under the policy and a copy of said transaction shall be sent to the insured and mortgagees named on the policy.
The claim of the city or town for such amounts shall have priority over the claim of any insured owner, mortgagee, assignee or other interested party except where otherwise provided by the laws of the United States.
Said company shall not be liable to any insured owner, mortgagee, assignee, city or town, or other interested party for amounts disbursed to a city or town under this section or for amounts not disbursed to said city or town based upon a certificate indicating the nonexistence of any municipal liens.
The provisions of this section shall not apply to owner-occupied one, two, three or four family dwellings, provided, however, that the owners of said dwellings must be domiciled in said dwellings at the time the claim for loss or damage arose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 98 - Application for Fire Insurance

Section 98. Every applicant for insurance against loss or damage to a building by fire shall complete a form to be prescribed by the commissioner. The application form may vary according to the type of coverage sought. It shall require from the applicant sufficient information relative to the insured property to determine the actual cash value and the actual ownership of the property. The application form shall be completed prior to the initial issuance of a policy, upon an addition or modification of the policy with respect to the named insured or mortgagee, or when the coverage under the terms of the policy is increased by more than twenty-five per cent. The application shall, insofar as it materially relates to the obligations stated in the contract, be considered a part of the contract.
The by-laws of the company shall not be considered as a warranty or a part of the contract except so far as they are incorporated in full in the policy as provided in clause Ninth of section ninety-nine.
This section shall not apply to owner occupied dwellings of four units or less, to buildings owned and insured by the commonwealth or its political subdivisions, to highly protected risks, to non-income producing seasonal dwellings, or to builders risk policies.
For the purpose of this section the words ''highly protected risk'' shall mean a fire resistive building which meets the highest standards of fire safety according to insurance company underwriting requirements, and ''builders risk policies'' shall mean policies which insure against loss to buildings in the course of construction.
Nothing in this section shall prohibit the issuance of a written memorandum of a preliminary contract of insurance, for a period no longer than thirty days, pending the approval of the application form, for the issuance of such a policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 99a - Loss or Damage Caused by Nuclear Reaction, Nuclear Radiation or Radioactive Contamination

Section 99A. Insurers issuing the standard policy pursuant to section ninety-nine are authorized to affix thereto or include therein a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly resulting from an insured peril under said policy; provided, however, that nothing herein contained shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination; however, subject to the foregoing and all provisions of the said policy, direct loss by fire resulting from nuclear reaction, or nuclear radiation or radioactive contamination is insured against by such policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 100 - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Selection of Referees

Section 100. If a claim is presented under any policy of fire insurance issued on property or interests in the commonwealth in the standard form set forth in the preceding section, and if the parties fail to agree as to the amount of loss, the company shall, within ten days after receiving a written demand from the insured for the reference of the amount of loss to three referees as provided in such policy, submit in writing the names and addresses of three persons to the insured, who shall, within ten days after receiving such names, notify the company in writing of his choice of one of the said persons to act as one of said referees.
The insured shall submit in writing the names and addresses of three persons to the company, which shall, within ten days after receiving such names, notify the insured in writing of its choice of one of said persons to act as one of said referees.
If, at the expiration of ten days from the choice of the second referee, the two referees chosen as hereinbefore provided, shall not have agreed upon and selected a person to act as the third referee, then either of the said referees or parties may make written application on oath to the commissioner in such form as he may prescribe, for the appointment of the third referee and the commissioner shall, after such summary inquiry or hearing, if any, as he may deem expedient, appoint a person to serve as the third referee and shall notify such person and the parties in writing of such appointment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 100a - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Appointment of Replacement Referee

Section 100A. If, before an award is determined upon by the referees, any referee, including a referee appointed under this section, dies, resigns, is incapacitated, removes from the commonwealth or for any other reason is unable or refuses to serve, the company, if such referee was chosen by the insured, or the insured, if such referee was chosen by the company, or the company, the insured or the two referees chosen by the insured and the company, if such referee is a third referee chosen by the said two referees, or the company, the insured or either of said two referees, if such referee is the third referee appointed by the commissioner, shall forthwith make written application on oath to the commissioner in such form as he may prescribe for the appointment of another referee. The application, unless it seeks the appointment of a third referee to succeed a third referee appointed by the commissioner, shall specify the full names and addresses of three persons. The commissioner shall, after such summary inquiry or hearing, if any, as he may deem expedient, appoint a referee to fill the vacancy, but if the application specifies names as aforesaid, he shall appoint one of the persons so specified. The commissioner shall give written notice of the appointment to the appointee, to the parties and to the other referees. Nothing in this section shall be construed to prohibit the insured and the company from filling any vacancy by mutual agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 100b - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Qualification of Referee

Section 100B. Every person nominated, specified or appointed under either of the two preceding sections shall be disinterested, a resident of the commonwealth and willing to act as referee. Service as referee for either party within four months prior to the date of nomination or specification for appointment, or, in case of a third referee chosen by the two referees, the date of the choice of the second referee, or, if appointed by the commissioner without specification, the date of application for appointment, shall be a disqualification for nomination, specification or appointment as aforesaid, unless with the written consent of the insured in case of a referee nominated by the company, of the company in case of a referee nominated by the insured, and of both in case of a third referee. No person shall be specified in an application to the commissioner who has been previously nominated by either party in connection with the reference proceedings to which the application relates.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101 - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Timing of Hearing

Section 101. The referees chosen, selected or appointed under section one hundred or one hundred A shall within ten days after the selection or appointment of the third referee meet to hear the evidence in the case. They may adjourn the hearing from time to time but not more than one week shall elapse between hearings except by unanimous agreement of said referees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101a - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Publication and Delivery of Award

Section 101A. The referees shall reduce their award to writing and execute it in duplicate. The third referee shall forthwith publish the same by delivering one of the duplicates to the company, and one to the insured, but the same may be published in any other lawful manner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101b - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Liability of Company and Insured for Compensation and Expenses of Third Referee; Review by Commissioner

Section 101B. The company and the insured shall, if an award is rendered by the referees in favor of the insured, each be liable to the third referee for one half of his charges for compensation and expenses. The company shall, if an award is rendered in its favor or if no award is rendered, be liable to the third referee for the full amount thereof, but in such case, if the company makes any payment to the insured in settlement of his claim, it may deduct therefrom one half of such charges. The third referee shall forthwith, upon the publication of an award in favor of the insured, furnish the company and the insured with a written statement specifying in detail his charges for compensation and expenses, and he shall forthwith upon the publication of an award in favor of the company, or if no award is rendered, furnish such a statement to the company alone. The company or the insured, if aggrieved by said charges, may within ten days from such publication, or, if no award is rendered, from the rendition of said statement, file with the commissioner, in such form as he may prescribe, a petition for a review thereof. After due hearing, notice of which shall be given forthwith by the commissioner to all parties in interest, the commissioner shall forthwith review and approve or disapprove said charges, in whole or in part, and his findings and decision shall be forthwith communicated in writing to the parties and shall, as well as all findings of fact made by him under section one hundred, one hundred A or one hundred B, be final and conclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101c - Reference of Amount of Loss Under Policy of Fire Insurance to Referees; Payment of Charges of Third Referee

Section 101C. Payment of the third referee's charges, which shall be due and payable, except as hereinafter provided, upon the expiration of the ten day period provided by section one hundred and one B for filing a petition for review, shall in all cases be made by the company, deducting from any award in favor of the insured his share of such charges. Neither payment of such charges to the referee or of an award to the insured, whether or not the sixty day period prescribed in said standard form of policy or in section one hundred and two has expired, shall be made prior to the expiration of said ten day period unless the insured in writing waives his right to petition for a review under section one hundred and one B, nor until notice of the commissioner's decision on such review if a petition therefor is filed as aforesaid; but the company shall not be liable for interest on an award during said period of ten days or pending said decision.
The payment of the compensation or expenses, or both, of any referee shall not in any case preclude the insured or the company from contesting the validity of the award.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101d - Determination by Referees of Sound Value of Property Affected

Section 101D. If a policy of fire insurance contains a reduced rate or co-insurance clause, and if, in case of loss, the parties do not agree as to the sound value of the property affected, such value shall be determined by the referees chosen to determine the loss. If the parties agree as to the loss, but do not agree as to the amount of the sound value, said value shall be determined by referees appointed as provided in and subject to the provisions of sections one hundred to one hundred and one G, inclusive, and of said standard form. An award in writing of a majority of the referees shall be final and conclusive on the parties as to the amount of the sound value.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101e - Reference of Amount of Loss or Sound Value of Affected Property Under Policy of Fire Insurance to Referees; Non-Waiver of Legal Defenses to Claim

Section 101E. A company which in compliance with section one hundred or one hundred and one D joins in reference proceedings shall not thereby be held to have waived any legal defense to the claim in respect to which the reference proceedings are held and such proceedings shall fix only the amount of the loss sustained by the insured or the sound value of the property, as the case may be, unless both parties shall agree in writing that the reference shall be held and shall proceed under the provisions of chapter two hundred and fifty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 101f - Reference of Amount of Loss or Sound Value of Affected Property Under Policy of Fire Insurance to Referees; Penalty for Non-Compliance With Secs. 100, 101a or 101d

Section 101F. A company, or an officer, agent, adjuster or representative thereof having authority to represent the company in respect to a reference proceeding, who wilfully refuses to comply with the provisions of sections one hundred, one hundred A, or one hundred and one D, 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 101g - Reference of Amount of Loss or Sound Value of Affected Property Under Policy of Fire Insurance to Referees; Effect of Appointment of Receiver for Domestic Fire Company

Section 101G. The appointment of a receiver for a domestic fire company, whether before or after any referees are chosen, selected or appointed under sections one hundred to one hundred and one E, inclusive, shall not affect the requirements of said sections, and the receiver shall be under the same duties and obligations and have the same rights and powers in relation to referees as are imposed and conferred by said sections upon the company. Any claim of a referee, whether chosen or appointed before or after the receiver's appointment, for his compensation and expenses due from the company or the receiver shall be deemed and treated as preferred over claims for losses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 102 - Proof of Loss; Written Notice of Fire in Lieu of Sworn Statement Specified by Sec. 99

Section 102. The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon the occurrence of loss or damage by fire shall not preclude recovery therefor, if the insured, forthwith upon the occurrence thereof, gives written notice of the fire, and the location thereof, to the company and if the insured, immediately upon receipt of any written request so to do made by the company forthwith after it receives such written notice, renders such sworn statement to the company. If, after receiving such written notice, the company does not forthwith make a written request for the sworn statement, the periods of time within which the company shall, as provided in such policy, pay the amount for which it is liable, or replace the property, or notify the insured of its intention to rebuild or repair the premises, shall be computed from the time when the company receives such written notice.
If such an insured fails both to render a sworn statement as required by the policy and to give such a written notice as aforesaid and if the company sends an agent or representative to the insured for the purpose of investigating, estimating or appraising the loss or damage or adjusting the claim therefor, such failure shall not preclude recovery under the policy; provided, that the insured, immediately upon receipt of any written request so to do made by the company forthwith after the sending of an agent or representative as aforesaid, renders said sworn statement to the company. If, after sending the agent or representative as aforesaid, the company does not forthwith make a written request for the said sworn statement, the periods of time aforesaid shall be computed from the time when the agent or representative was so sent.
If such an insured renders said sworn statement forthwith in compliance with a written request made by the company as hereinbefore provided, the periods of time aforesaid shall be computed from the time when the company receives said sworn statement.
A written notice under this section may be given, and the sworn statement specified in said standard form may be rendered, to the company at its home office or at the office of the agent who issued or executed the policy or to the said agent.
The provisions of this section shall also apply in case of claims for loss or damage from any hazard other than fire insured against under such a policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 102b - Combination Policies; Mutual Companies

Section 102B. The provisions of sections seventy-six, eighty, eighty-one, eighty-three, ninety-six, ninety-eight, one hundred, one hundred and one and one hundred and two shall apply to policies issued under section one hundred and two A, to dividends and assessments and to reference proceedings and to claims thereunder except as hereinafter provided.
The person insured under such a policy issued by mutual companies shall be deemed to be a member of each company while the policy is in force and entitled to one vote at the meetings of each company.
The notice, endorsement and statement required by said sections seventy-six, eighty and eighty-one, respectively, shall be in such form and in such place on the policy as the commissioner may prescribe.
The dividends under said section eighty, the contingent mutual liability of the insured fixed by said sections eighty-one and eighty-three and the liability of each company for the proportionate excess mentioned in said section ninety-six shall be computed or based on such proportion of the total premium for the policy as the amount insured by such company bears to the total amount insured under the policy.
The notice to policyholders required by said section eighty shall be sent by each such company to the insured. The provisions of section ninety-eight shall apply to the application, if any, of the insured to each such company and to their by-laws.
The written request by the insured for a reference under said section one hundred, the written notice of a claim authorized by said section one hundred and two or the sworn statement upon the written demand by a company as provided in said section one hundred and two may be made or given to any one of such companies or, in the case of said notice, to the agent of any one of such companies, and such request, notice or statement so made or given shall be deemed valid and sufficient as to all such companies. The request for a sworn statement under said section one hundred and two may be made by any such company, and such request shall be deemed a sufficient request upon the insured as to all of such companies. All such companies shall, upon the written request under section one hundred being made to any one of such companies, join in the reference proceeding and shall jointly exercise the powers and perform the duties imposed upon a company by said section.
Nothing in this section shall be construed as affecting, except as provided herein, any provision of law relative to the rights, powers, duties and liabilities of mutual fire companies and persons insured thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 102d - National Flood Insurance Program; Authorization of Participating Companies to Issue Policies; Proof of Loss; Service of Process

Section 102D. Any insurance company authorized to transact business under the first clause of section forty-seven and notifying the commissioner of its participation in the flood insurance program established under the National Flood Insurance Act of 1968, and any amendments thereof, may, either in its own name or in the name of an association of insurance companies joined together in a pool or otherwise to provide flood insurance, issue a policy of insurance against loss or damage to property by flood and other hazards within the scope of said act at appropriate premiums and on terms and conditions established by the Secretary of the United States Department of Housing and Urban Development notwithstanding the provisions of any rate regulatory or other insurance law of the commonwealth.
Any such policy issued in the name of any such association shall have affixed thereto the corporate name of the company issuing such policy and any notice, sworn statement or proof of loss which may be required by the provisions of said policy shall be rendered, made or given said company and such notice, sworn statement or proof of loss so rendered, made or given shall be valid and binding as to such association. In any action or suit under the policy, service of process shall be made on said company and such service shall be deemed valid and binding service upon such association.
Policies issued by any mutual company under the authority of this section need not conform to the requirements of sections seventy-six, eighty and eighty-one applicable to other policies issued by such company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 102e - Crime Insurance Policies

Section 102E. Any insurance companies authorized to transact business under clause Twelfth of section forty-seven and notifying the commissioner of their participation in a plan approved by the commissioner to succeed the Federal Crime Insurance Program established pursuant to Title VI of the Housing and Urban Development Act of 1970 may join together in a pool or otherwise to provide insurance and issue a policy of insurance for the risks described in said clause Twelfth of said section forty-seven, and in connection therewith shall use the service of a facility or association approved under chapter one hundred and seventy-five C. Any such policy shall be issued in the name of the Massachusetts Crime Insurance Program by such facility or association and any notice, sworn statement or proof of loss which may be required by the provisions of said policy shall be rendered, made or given to said facility or association and such notice, sworn statement or proof of loss so rendered, made or given shall be valid and binding as to all participating insurers. In any action or suit under the policy, service of process shall be made on such facility or association and such service shall be deemed valid and binding service upon all participating insurers.
Policies issued by any mutual company under the authority of this section need not conform to the requirements of sections seventy-six, eighty and eighty-one applicable to other policies issued by such companies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 106 - Foreign Fidelity and Corporate Surety Companies; Deposit With State Treasurer

Section 106. A foreign company of the class designated in the preceding section shall not be admitted and authorized to transact business in the commonwealth until, besides complying with sections one hundred and fifty-one and one hundred and fifty-five, it has satisfied the commissioner that it has made a deposit with the state treasurer or with the proper board or officer of some other state of the United States, in exclusive trust for the benefit and security of all its policyholders in the United States including obligees of bonds executed by such company as surety, of an amount not less than one hundred thousand dollars. Such deposit, if made in this commonwealth, may be made in the securities and subject to the limitations specified in sections sixty-three and sixty-six, or in cash or in such other securities as the commissioner may approve, provided that bonds need not be accepted by the state treasurer unless in registered form and of denominations satisfactory to him, and shall not be returned to the company until it has ceased to transact business in the commonwealth nor until the commissioner is satisfied that the company is under no obligation to such policyholders or obligees in the commonwealth or in any other state of the United States for whose benefit such deposit was made, nor until he has given his written consent to such return; provided, that the commissioner may, in any case, authorize in writing the return to the company of any excess of any deposit made under this section over the amount required thereby, if he is satisfied that such return will not be prejudicial to the interests of such policyholders or obligees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 107 - Surety Bonds; Status

Section 107. The bonds on which such company becomes surety shall not be deemed insurance contracts as defined in section two, but the company shall otherwise be subject to this chapter so far as applicable, and insurance agents and brokers shall in respect to such bonds be subject to all the provisions of this chapter applying to them in respect to insurance contracts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 108a - Refusal to Issue Policy of Accident and Sickness Insurance for Reason of Blindness or Deafness Prohibited

Section 108A. No insurer authorized to issue policies of accident and sickness insurance in the commonwealth shall refuse, for the reason of blindness or deafness, to issue an individual policy of accident and sickness insurance, which provides hospital expense and surgical expense coverage, to any person residing in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 108b - Inclusion of Registered Dentists Within Meaning of ''physician'' or ''doctor'' as Used in Policies of Accident and Sickness Insurance or Contracts for Health Care, Services or Benefits

Section 108B. Whenever the terms ''physician'' or ''doctor'' are used in any policy of accident and sickness insurance issued in the commonwealth or in any contract for the provision of health care, services or benefits issued by any health, medical or other service corporation or company existing under and by virtue of any laws of the commonwealth, said terms shall include within its meaning those persons licensed in accordance with the provisions of sections forty-three to fifty-three, inclusive, of chapter one hundred and twelve in respect to any oral surgical care, services, procedures or benefits covered by said policy of insurance or health care contract which said persons are licensed to perform.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 108c - Discrimination in Issuance, Denial, Cancellation, Renewal or Rates of Policy of Accident and Sickness Insurance for Reason of Exposure to Diethylstilbestrol or Des Compounds Prohibited

Section 108C. No individual policy of accident and sickness insurance issued pursuant to section one hundred and eight or group blanket policy of accident and sickness insurance, issued pursuant to section one hundred and ten, or any renewals thereof, shall be denied, cancelled or fail to be renewed, nor shall any excessive rates be charged or restrictions or length of coverage be imposed, nor shall any other factor be altered in such a way as to constitute discrimination primarily because the insured person has had a suspected, alleged or confirmed exposure to the potential hazards and afflictions of diethylstilbestrol or compounds commonly referred to as DES. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice.