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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 15 - Violations; Notice; Hearings; Service of Process

Section 15. (a) Whenever the commissioner has reason to believe that an insurance institution, insurance representative or insurance-support organization has been or is engaged in conduct in the commonwealth which violates this chapter, or if the commissioner believes that an insurance-support organization has been or is engaged in conduct outside the commonwealth which has an effect on a person residing in the commonwealth and which violates this chapter, the commissioner shall issue and serve upon such insurance institution, insurance representative or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice, the date of such hearing shall be not less than twenty-one business days after the date of service.
(b) At the time and place fixed for such hearing the insurance institution, insurance representative or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the commissioner shall permit any adversely affected person to intervene, appear and be heard at such hearing by counsel or in person.
(c) At any hearing conducted pursuant to this section the commissioner may administer oaths, examine and cross-examine witnesses and receive oral and documentary evidence. The commissioner shall have the power to subpoena witnesses, compel their attendance and require the production of books, papers, records, correspondence and other documents which are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the commissioner. If no stenographic record is made and if judicial review is sought, the commissioner shall prepare a statement of the evidence for use on the review. Hearings conducted under this section shall be governed by the same rules of evidence and procedure applicable to administrative proceedings conducted under the laws of the commonwealth.
(d) Statements of charges, notices, orders and other processes of the commissioner under this chapter may be served by anyone duly authorized to act on behalf of the commissioner. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail. A copy of the statement of charges, notice, order or other process shall be provided to the person or persons whose rights under this chapter have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail, shall be sufficient proof of service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 16 - Agent for Service of Process

Section 16. For the purpose of this chapter, an insurance-support organization transacting business outside the commonwealth which has an effect on a person residing in the commonwealth shall be deemed to have appointed the commissioner to accept service of process on its behalf; provided, however, that the commissioner causes a copy of such service to be mailed forthwith by registered mail to the insurance-support organization at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 17 - Findings; Orders to Cease and Desist; Reports

Section 17. (a) If, after a hearing pursuant to section fifteen, the commissioner finds that the insurance institution, insurance representative or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the commissioner shall put such findings in writing and shall issue and cause to be served upon such insurance institution, insurance representative or insurance-support organization a copy of such findings and an order requiring such insurance institution, insurance representative or insurance-support organization to cease and desist from the conduct or practices constituting a violation of this chapter.
(b) If, after a hearing pursuant to section fifteen, the commissioner determines that the insurance institution, insurance representative or insurance-support organization charged has not engaged in conduct or practices in violation of this chapter, the commissioner shall prepare a written report which sets forth findings of fact and conclusions of law. Such report shall be served upon the insurance institution, insurance representative or insurance-support organization charged and upon the person or persons, if any, whose rights under this chapter were allegedly violated.
(c) Until the expiration of the time allowed under section nineteen for filing a petition for review or until such petition is actually filed, whichever occurs first, the commissioner may modify or set aside any order or report issued under this section. After the expiration of the time allowed under section nineteen for filing a petition for review, if no such petition has been duly filed, the commissioner may, after notice and opportunity for hearing, alter, modify or set aside, in whole or in part, any order or report issued under this section whenever conditions of fact or law warrant such action or if the public interest so requires.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 18 - Penalties; Violations of Cease and Desist Orders

Section 18. (a) In any case where a hearing pursuant to section fifteen results in the findings of a knowing violation of this chapter, the commissioner may, in addition to the issuance of a cease and desist order as prescribed in section seventeen, order payment of a monetary penalty of not more than one thousand dollars for each such violation; provided, however, that:
(1) in a hearing to which an insurance representative is a party, the monetary penalty imposed against such insurance representative shall not exceed ten thousand dollars in the aggregate for multiple violations; and
(2) in a hearing to which an insurance institution or insurance-support organization is a party, the monetary penalty imposed against such insurance institution or insurance-support organization shall not exceed fifty thousand dollars in the aggregate for multiple violations.
(b) Any person who violates a cease and desist order of the commissioner under section seventeen may, after notice and hearing and upon order of commissioner, be subject to one or more of the following penalties, at the discretion of the commissioner:
(1) a monetary fine of not more than ten thousand dollars for each such violation;
(2) a monetary fine of not more than fifty thousand dollars if the commissioner finds that such violation has occurred with such frequency as to constitute a general business practice; or
(3) suspension or revocation of an insurance institution's or insurance representative's license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 19 - Judicial Review; Filing Deadline; Jurisdiction; Orders

Section 19. (a) Any person subject to an order of the commissioner under section seventeen or section eighteen or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the commissioner by filing in the supreme judicial court, within twenty days from the date of the service of such order or report, a written petition requesting that the order or report of the commissioner be set aside. A copy of such petition shall be simultaneously served upon the commissioner, who shall forthwith certify and file in such court a transcript of the entire record of the proceeding giving rise to the order or report which is the subject of the petition. Upon filing of the petition and transcript, the supreme judicial court shall have jurisdiction to make and enter a decree modifying, affirming or reversing any order or report of the commissioner, in whole or in part. The findings of the commissioner as to the facts supporting any order or report, if supported by clear and convincing evidence, shall be conclusive.
(b) To the extent an order or report of the commissioner is affirmed, the court shall issue its own order commanding obedience to the terms of the order or report of the commissioner. If any party affected by an order or report of the commissioner shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there are reasonable grounds for the failure to produce such evidence in prior proceedings, the court may order such additional evidence to be taken before the commissioner in such manner and upon such terms and conditions as the court may deem proper. The commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken and shall file such modified or new findings along with any recommendation, if any, for the modification or revocation of a previous order or report. If supported by clear and convincing evidence, the modified or new findings shall be conclusive as to the matters contained therein.
(c) An order or report issued by the commissioner under sections seventeen or eighteen shall become final:
(1) upon the expiration of the time allowed for the filing of a petition for review, if no such petition has been duly filed; except that the commissioner may modify or set aside an order or report to the extent provided in subsection (c) of section seventeen; or
(2) upon a final decision of the supreme judicial court if the court directs that the order or report of the commissioner be affirmed or the petition for review dismissed.
(d) No order or report of the commissioner under this chapter or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order or report from any liability under any law of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 20 - Equitable Relief; Damages; Costs and Attorney's Fees; Limitation of Actions

Section 20. (a) If any insurance institution, insurance representative or insurance-support organization fails to comply with sections eight, nine or ten with respect to the rights granted under said sections, any person whose rights are violated may apply to the superior court, or any other court of competent jurisdiction, for appropriate equitable relief.
(b) An insurance institution, insurance representative or insurance-support organization which discloses information in violation of section thirteen shall be liable for special and compensatory damages sustained by the individual to whom the information relates.
(c) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
(d) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.
(e) Except as specifically provided in this section, there shall be no remedy or recovery available to an individual, in law or in equity, for an occurrence constituting a violation of any provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 21 - Disclosure of Information; Immunity

Section 21. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter; provided, however, this section shall provide no immunity:
(1) for any person who discloses false information with malice or willful intent to injure any person; or
(2) for any person who misidentifies an individual as the subject of information and who discloses such misidentified information to others.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175i - Insurance Information and Privacy Protection › Section 22 - Information Obtained by False Pretenses; Penalties

Section 22. Any person who knowingly and willfully obtains information about an individual from an insurance institution, insurance representative or insurance-support organization under false pretenses shall be fined not more than ten thousand dollars or imprisoned for not more than one year, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Insurer'', includes every entity or person licensed, authorized or permitted by the commissioner to transact the business of insurance in the commonwealth, and for which the commissioner is granted authority to conduct an examination into its affairs; provided, however, that nonprofit hospital and medical service corporations under chapters one hundred and seventy-six A and one hundred and seventy-six B, medical service corporations under chapter one hundred and seventy-six C, dental service corporations under chapter one hundred and seventy-six E, optometric service corporations under chapter one hundred and seventy-six F, health maintenance organizations under chapter one hundred and seventy-six G, and preferred provider organizations under chapter one hundred and seventy-six I, shall not be construed to be ''insurers'' except for the limited purpose of administrative supervision under the provisions of chapter one hundred and seventy-five J.
''Exceeded its powers'', one or more of the following conditions:
(1) the insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, his deputies, employees or duly commissioned examiners;
(2) a domestic insurer has unlawfully removed from the commonwealth books, papers, accounts or records necessary for an examination of the insurer;
(3) the insurer has failed to promptly comply with the applicable financial reporting statutes or regulations and lawful division requests relating thereto;
(4) the insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;
(5) the insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;
(6) the insurer, by contract or otherwise, has unlawfully or has in violation of an order of the commissioner or has without first having obtained written approval of the commissioner if approval is required by law: (i) totally reinsured its entire outstanding business; or (ii) merged or consolidated substantially its entire property or business with another insurer;
(7) the insurer engaged in any transaction in which it is not authorized or permitted to engage under the laws of this chapter, chapter one hundred and seventy-five, chapter one hundred and seventy-six D or any other applicable provision of the General Laws; or
(8) the insurer refused to comply with a lawful order of the commissioner.
''Consent'', an agreement to administrative supervision by the insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 2 - Applicability

Section 2. The provisions of this chapter shall apply to all domestic insurers, and any other insurer doing business in the commonwealth whose state of domicile has requested in writing for the commissioner to apply the provisions of this chapter as regards such insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 4 - Authority of Administrative Supervisor

Section 4. (A) During the period of supervision, the commissioner or the commissioner's designee shall serve as the administrative supervisor. The administrative supervisor may impose operating restrictions or requirements on the insurer during the period of administrative supervision which are deemed necessary for the protection of policyholders or the general public. The administrative supervisor may order the insurer to:
(1) reduce the total amount of present and potential liability for policy benefits by reinsurance;
(2) reduce, suspend or limit the volume of business being accepted or renewed;
(3) reduce general insurance and commission expenses by specified methods;
(4) increase the insurer's capital and surplus;
(5) suspend or limit the declaration and payment of dividends by an insurer to its stockholders or to its policyholders;
(6) file reports in a form acceptable to the commissioner concerning the market value of an insurer's assets;
(7) limit or withdraw from certain investments or discontinue certain investment practices to the extent the commissioner deems necessary;
(8) document the adequacy of premium rates in relation to the risks insured;
(9) file, in addition to regular annual statements, interim financial reports on the form adopted by the National Association of Insurance Commissioners or on such format as promulgated by the commissioner; or
(10) cease from engaging in certain business practices which are illegal or which the administrative supervisor deems harmful to policyholders or the general public.
(B) In addition to the provisions of subsection (A), the administrative supervisor may provide that the insurer may not do any of the following things during the period of supervision without the prior approval of the administrative supervisor:
(1) dispose of, convey or encumber any of its assets or its business in force;
(2) withdraw any funds from its bank accounts;
(3) lend any of its funds;
(4) invest any of its property;
(5) transfer any of its property;
(6) incur any debt, obligation or liability;
(7) merge or consolidate with any company;
(8) approve new premiums or renew any policies;
(9) enter into any new reinsurance contract or treaty;
(10) terminate, surrender, forfeit, convert, or lapse any insurance policy, certificate or contract, except for nonpayment of premiums due;
(11) release, pay or refund premium deposits, accrued cash or loan values, unearned premiums, or other reserves on any insurance policy, certificate or contract;
(12) make any material change in management; or
(13) increase salaries and benefits of officers or directors or the preferential payment of bonuses, dividends or other payments deemed preferential.
(C) If the insurer is a foreign insurer the administrative supervisor's order may be limited to the extent provided by statute.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 5 - Extension or Release From Supervision

Section 5. (A) If placed under administrative supervision by an order issued pursuant to subsection (E) of section three, the insurer shall have sixty days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner.
(B) If it is determined after notice and hearing that the conditions giving rise to the supervision still exist at the end of the supervision period specified above, the commissioner may extend such period.
(C) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 6 - Confidentiality of Proceedings and Records

Section 6. (A) Except as provided in this section, and notwithstanding any other provision of the General Laws, including clause Twenty-sixth of section seven of chapter four and chapter sixty-six, all administrative and judicial proceedings arising under this chapter shall be held privately unless a public hearing is requested by the insurer, and all proceedings, hearings, notices, correspondence, reports, records and other information in the possession of the commissioner relating to the supervision of any insurer are confidential.
(B) All records of the insurer and all records of the commissioner concerning the insurer, so far as they pertain to or are a part of the record of the proceedings under this chapter, shall be and remain confidential, and shall not be subject to disclosure under clause Twenty-sixth of section seven of chapter four and chapter sixty-six or any other applicable provision of the General Laws, unless the insurer requests otherwise. Such records shall not be subject to subpoena by third parties, unless the insurer and the commissioner consent to such disclosure or release under subpoena.
(C) The personnel of the division shall have access to these proceedings, hearings, notices, correspondence, reports, records or information as permitted by the commissioner. The commissioner may open the proceedings or hearings or disclose the notices, correspondence, reports, records or information to a department, agency or instrumentality of this or any other state of the United States if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or any other state of the United States.
(D) The commissioner may open the proceedings or hearings or make public the notices, correspondence, reports, records or other information if the commissioner deems that it is in the best interest of the public or in the best interest of the insurer, its insureds, creditors or the general public.
(E) The provisions of this section shall not apply to proceedings held pursuant to section one hundred and eighty B or one hundred and eighty C or chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 7 - Judicial Review

Section 7. An insurer placed under administrative supervision by the commissioner may contest the order, or any part of such order, at any time during the supervision by requesting review of the order by the supreme judicial court for Suffolk county. The insurer must demonstrate that the action taken or proposed to be taken by the terms of the order will not result in improving the condition of the insurer, or result in the protection of the insureds or the public in general. Said supreme judicial court for Suffolk county shall review the action complained of in a closed hearing and render its decision at the earliest possible date thereafter. The court may stay the implementation of any such order of the commissioner, pending its review of such order. Notwithstanding the foregoing, filing of a petition for review of such order shall not automatically stay the implementation of the order, or any of its provisions. Review of such order by said supreme judicial court for Suffolk county shall not be considered initiation of judicial proceedings for the purpose of section six of chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 8 - Rehabilitation or Liquidation Proceedings

Section 8. Nothing contained in this chapter shall preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or liquidation proceedings or other delinquency proceedings, however designated under the General Laws, regardless of whether the commissioner has previously initiated administrative supervision proceedings against the insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175j - Administrative Supervision and Hazardous Financial Conditions of Insurities › Section 10 - Meetings of Commissioner and Supervisor

Section 10. Notwithstanding any other provision of the General Laws, the commissioner may meet with a supervisor appointed under subsection (A) of section four, and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under authority of this chapter to carry out the commissioner's duties under this chapter or for the supervisor to carry out the supervisor's duties under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 2 - Interstate Insurance Product Regulation Commission

Section 2. (a) The compacting states hereby create and establish a joint public agency known as the interstate insurance product regulation commission. Pursuant to section 3, the commission shall have the power to develop uniform standards for product lines, receive and provide prompt review of products filed therewith, and give approval to those product filings satisfying applicable uniform standards; but, it is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit an insurer from filing its product in a state wherein the insurer is licensed to conduct the business of insurance; and the filing shall be subject to the laws of the state where filed.
(b) The commission shall be a body corporate and politic, and an instrumentality of the compacting states.
(c) The commission is solely responsible for its liabilities except as otherwise specifically provided in this compact.
(d) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 5 - Meetings; Voting

Section 5. (1) The commission shall meet and take actions consistent with this compact and the by-laws.
(2) Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by other means as provided in the by-laws. The by-laws may provide for members' participation in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the by-laws.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 8 - Dispute Resolution

Section 8. The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and which may arise between 2 or more compacting states, or between compacting states and non-compacting states, and the commission shall promulgate an operating procedure providing for resolution of those disputes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 9 - Insurers and Third-Party Filers; Product Approval

Section 9. (1) Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. Nothing in this chapter shall be construed to restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and the filing shall be subject to the laws of the states where filed.
(2) The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. Notwithstanding any provision herein to the contrary, the commission shall promulgate rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing the rules, the commission shall consider the interests of the public in having access to the information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information.
(3) A product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 10 - Disapproval of Products; Review Panel; Modification or Withdrawal of Approval

Section 10. (1) Not later than 30 days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall promulgate rules to establish procedures for appointing the review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, shall be subject to judicial review in accordance with subsection 4 of section 2.
(2) The commission shall have authority to monitor, review and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection (1).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 11 - Commission Funding; Financial Rules

Section 11. (1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the commission concerning the performance of its duties shall not be compromised.
(2) The commission shall collect a filing fee from each insurer and third party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget.
(3) The commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in section 6.
(4) The commission shall be exempt from all taxation in and by the compacting states.
(5) The commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state.
(6) The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its by-laws. The financial accounts and reports including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. Upon the determination of the commission, but no less frequently than every 3 years, the review of the independent auditor shall include a management and performance audit of the commission. The commission shall make an annual report to the governor and legislature of the compacting states, which shall include a report of the independent audit. The commission's internal accounts shall not be confidential and may be shared with the commissioner of any compacting state upon request; but, any work papers related to an internal or independent audit and information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.
(7) A compacting state shall not have a claim to or ownership of property held by or vested in the commission or to any commission funds held pursuant to this compact.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 12 - Eligibility of Compacting States; Effectiveness of Compact; Amendments

Section 12. (1) A state is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by 2 compacting states; but, the commission shall become effective for purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of, products filed with the commission that satisfy applicable uniform standards only after 26 states are compacting states or, alternatively, by states representing greater than 40 per cent of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.
(3) Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment shall not become effective and binding upon the commission and the compacting states unless and until all compacting states enact the amendment into law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 14 - Severability

Section 14. (1) The provisions of this compact shall be severable; and if any phrase, clause, sentence or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175k - Interstate Insurance Compact › Section 15 - Enforcement of Other Laws of Compact States

Section 15. (1)(a) Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in paragraph (b).
(b) For any product approved or certified to the commission, the rules, uniform standards and any other requirements of the commission shall constitute the exclusive provisions applicable to the content, approval and certification of the products. For advertisement that is subject to the commission's authority, any rule, uniform standard or other requirement of the commission which governs the content of the advertisement shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. Notwithstanding the foregoing, no action taken by the commission shall abrogate or restrict: (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including but not limited to maintaining any actions or proceedings, as authorized by law.
(c) All insurance products filed with individual states shall be subject to the laws of those states.
(2)(a) All lawful actions of the commission, including all rules and operating procedures promulgated by the commission, shall be binding upon the compacting states.
(b) All agreements between the commission and the compacting states shall be binding in accordance with their terms.
(c) Upon the request of a party to a conflict over the meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the commission shall be ineffective as to that compacting state, and those obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 1 - Definitions

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise:
''Certificate of insurance'', a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage. The term shall not include a policy of insurance, insurance binder, policy endorsement or automobile insurance identification or information card.
''Commissioner'', the commissioner of insurance.
''Insurance producer'', a person required to be licensed under the laws of the commonwealth to sell, solicit or negotiate property casualty insurance.
''Insurer'', any organization that issues property or casualty insurance.
''Person'', any individual, partnership, corporation, association or other legal entity, including any government, governmental subdivision or agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 2 - Prohibitions for Use of Certificate Form; Limitations of Certificate

Section 2. (a) The commissioner shall prohibit the use of a certificate form if the form: (i) is unfair, misleading, deceptive or violates public policy; or (ii) violates any law or regulation.
(b) A certificate of insurance shall not be represented as nor construed to be a policy of insurance and may not affirmatively or negatively amend, extend or alter the coverage afforded by the policy to which the certificate of insurance makes reference. A certificate of insurance shall not confer to any person new or additional rights beyond what the referenced policy of insurance expressly provides.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 3 - False or Misleading Information on Certificate

Section 3. (a) No person shall: (i) knowingly prepare, issue, request or require the issuance of a certificate of insurance that contains any false or misleading information concerning the policy of insurance to which the certificate of insurance makes reference; or (ii) prepare, issue, request or require the issuance of a certificate of insurance that purports to affirmatively or negatively alter, amend or extend the coverage provided by the policy of insurance to which the certificate of insurance makes reference.
(b) A certificate of insurance may not warrant that the policy of insurance referenced in the certificate comply with the insurance or indemnification requirements of a contract and the inclusion of a contract number or description within a certificate of insurance may not be interpreted as doing so.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 4 - Notice of Cancellation, Nonrenewal or Material Change; Terms and Conditions Not to Be Altered by Certificate

Section 4. A person shall be entitled to notice of cancellation, nonrenewal or any material change and to any similar notice concerning a policy of insurance only if the person has such notice rights, under the terms of the policy of insurance or any endorsement to the policy. The terms and conditions of the notice shall be governed by the policy of insurance or endorsement and shall not be altered by a certificate of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 5 - Application of Chapter; Certifications in Violation of Chapter Null and Void

Section 5. (a) This chapter shall apply to all certificates of insurance issued in connection with property, operations or risks located in the commonwealth regardless of where the policyholder, insurer, insurance producer or person requesting or requiring the issuance of a certificate of insurance is located.
(b) A certificate of insurance or any other document or correspondence prepared, issued, requested or required in violation of this chapter, as determined by the commissioner, shall be null and void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175l - Certificate of Insurance › Section 6 - Investigation Into Prohibited Practices; Penalty

Section 6. (a) The commissioner shall examine and investigate the activities of any person that the commissioner reasonably believes has been or is engaged in an act or practice prohibited by this chapter.
(b) The commissioner shall enforce this chapter and may issue orders to cease and desist and impose fines of up to $500 per violation against any person who violates this chapter.
(c) The commissioner may promulgate rules and regulations as are necessary or proper to implement this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175m - Family and Medical Leave › Section 6 - Contributions

Section 6. (a) For each employee or covered contract worker, an employer or a covered business entity shall remit to the Family and Employment Security Trust Fund established in section 7 contributions in the form and manner as determined by the department. The family leave and medical leave contribution rates set forth in this section shall be adjusted annually as specified in subsection (e) of section 7.
(a1/4) Notwithstanding any general or special law to the contrary, for the purposes of this section, the PCA quality home care workforce council established in section 71 of chapter 118E shall be the employer of personal care attendants, as defined in section 70 of said chapter 118E, and the department of early education and care shall be the employer of family child care providers, as defined in subsection (a) of section 17 of chapter 15D.
(b) A self-employed individual who is electing coverage under subsection (j) of section 2 shall be responsible for all contributions set forth in subsection (a) of this section on that individual's income from self-employment.
(c)(1) For medical leave, an employer shall not deduct more than 40 per cent of the contribution required for an employee by subsection (a) from that employee's wages and shall remit the full contribution required under said subsection (a) to the trust fund.
(2) For family leave, an employer may deduct not more than 100 per cent of the contribution required for an employee by subsection (a) from that employee's wages, and shall remit the full contribution required under subsection (a) to the trust fund.
(d) Notwithstanding subsection (c), an employer employing less than 25 employees in the commonwealth shall not be required to pay the employer portion of premiums for family and medical leave; provided, however, that such employer shall remit, for each employee, 100 per cent of the family leave contribution and 40 per cent of the medical leave contribution as otherwise required under subsection (a). An employer or other business or trade that is a covered business entity shall count covered contract workers as employees for the purposes of this subsection.
(e)(1) For medical leave, a covered business entity shall not deduct more than 40 per cent of the contribution required under subsection (a) to the trust fund for the income paid to each covered contract worker.
(2) For family leave, a covered business entity shall not deduct more than 100 per cent of the contribution required under subsection (a) to the trust fund for the income paid to each covered contract worker.
(f) Contributions to the trust fund under this section shall not be required for employees' wages, earnings of a self-employed individual or payments for services to covered contract workers above the contribution and benefit base limit established annually by the federal Social Security Administration for purposes of the Federal Old–Age, Survivors, and Disability Insurance program limits pursuant to 42 U.S.C. 430.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175m - Family and Medical Leave › Section 10 - Local Adoption

Section 10. A municipality, district, political subdivision or authority may adopt this chapter upon a majority vote of the local legislative body or the governing body. For the purposes of this section, a vote of the legislative body shall take place in a city by a vote of the city council subject to its charter, in a town by a vote at town meeting, for an authority by a vote of its governing body, in a district, by a vote of the district in a district meeting and by any other political subdivision or instrumentality, by a vote of its legislative body in accordance with its charter or enabling act.