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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 180o - Provisions Becoming Effective Upon Occurrence of National Emergency in Absence of Bylaws Adopted Pursuant to Sec. 180n

Section 180O. In the event that by-laws have not been adopted as provided in section one hundred and eighty N, the following provisions shall become effective upon the occurrence of a national emergency:—
(1) Three directors shall constitute a quorum for the transaction of business at all meetings of the board.
(2) Any vacancy in the board may be filled by a majority of the remaining directors, though less than a quorum or though a sole remaining director.
(3) If there are no surviving directors, but at least three vice-presidents of the company survive, the three vice-presidents with the longest term of service shall be the directors and shall possess all of the powers of the previous board of directors and such powers as are granted herein or by subsequently enacted legislation. By majority vote, such emergency board of directors may elect other directors. If there are not at least three surviving vice-presidents, the commissioner or a duly designated person exercising the powers of the commissioner shall appoint three persons as directors who shall possess all of the powers of the previous board of directors and such powers as are granted herein or by subsequently enacted legislation, and these persons by majority vote may elect other directors. The directors who hold office under this paragraph shall hold office only until succeeded by directors elected at the next regular annual meeting of the company, but if the regular annual meeting of the company is not scheduled to occur within six months of the termination of the national emergency, a special meeting of the company shall be called within six months after the termination of such emergency at which meeting directors shall be elected to succeed those holding office under this paragraph.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 180p - Succession of Officers During National Emergency

Section 180P. At any time the board of directors of a domestic company may, by resolution, provide that in the event of a national emergency and in the event of the death or incapacity of the president, secretary and treasurer of said company, such officers, or any of them, shall be succeeded in office by the person named or described in a succession list adopted by the board. Such list may be on the basis of named persons or position titles, shall establish the order of priority and may prescribe the conditions under which the powers of the office shall be exercised.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 180q - Location of Home Office or Principal Place of Business of Company in the Event of National Emergency

Section 180Q. At any time the board of directors of a domestic company may, by resolution, provide that in the event of a national emergency the home office or principal place of business of the company shall be at such location as is named or described in the resolution. Such resolution may provide for alternative locations and establish an order of preference.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 181 - Misrepresentations by Insurer; Penalty

Section 181. No company, no officer or agent thereof and no insurance broker or insurance adviser shall make, issue, circulate or use, or cause or permit to be made, issued, circulated or used, any written or oral statement misrepresenting the terms of any policy of insurance or any annuity or pure endowment contract issued or to be issued by any company, or the benefits or privileges promised thereunder. No company, no officer or agent thereof and no insurance broker or insurance adviser shall make to any person insured under any policy of insurance or holding any annuity or pure endowment contract any written or oral misrepresentation or misleading representation in respect to the terms, benefits or privileges of any policy of insurance or any annuity or pure endowment contract, or any written or oral incomplete or misleading comparison of any such policy or contract or of any of the terms, benefits or privileges thereof with any other such policy or contract or any of the terms, benefits or privileges thereof, in order to induce or which tends to induce such person to lapse, forfeit or surrender the policy issued to him or the contract held by him, or to alter or convert it into, or to exchange it for, any other such policy or contract. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months.
Nothing in this section shall be construed to affect any of the provisions of section one hundred and seventy.
The insured under any policy of life or endowment insurance or the holder of any annuity or pure endowment contract who was induced to procure it by any action in violation of this section by an officer or agent of the company issuing or executing it may recover from such company all premiums paid on such policy or contract less any indebtedness to the company thereon or secured thereby and less any payments otherwise made by the company thereon, in an action brought within two years after the date of issue thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 182 - Special Inducements, etc.; Rebates; Loans in Connection With Student Loan Insurance Programs

Section 182. No company, no officer or agent thereof and no insurance broker shall pay or allow, or offer to pay or allow, in connection with placing or negotiating any policy of insurance or any annuity or pure endowment contract or the continuance or renewal thereof, any valuable consideration or inducement not specified in the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon; or shall give, sell or purchase, or offer to give, sell or purchase, anything of value whatsoever not specified in the policy; or shall give, sell, negotiate, deliver, issue, or authorize to issue or offer to give, sell, negotiate, deliver, issue, or authorize to issue any policy of workers' compensation insurance, or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety, at a rate different from that fixed, established or approved by the commissioner. No such company, officer, agent or broker shall at any time pay or allow, or offer to pay or allow, any rebate of any premium paid or payable on any policy of insurance or any annuity or pure endowment contract. Nothing in this chapter shall prevent any life company from making supplemental agreements, not specified in the policy, which give the policy owner or insured the right to borrow money from the life company in connection with a student loan insurance program, pursuant to United States Public Law 89–329, or pursuant to any similar federal statute; provided, however, that such loans are to be made, issued, assumed or guaranteed by the United States of America or any instrumentality thereof, or by any state of the United States.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 183 - Rebates; Acceptance; Prohibition

Section 183. No person shall receive or accept from any company or officer or agent thereof, or any insurance broker, or any other person, any such rebate of premium paid or payable on the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement not specified in the policy or contract or any policy of workers' compensation insurance, or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety, at a rate different from that fixed, established or approved by the commissioner. No person shall be excused from testifying, or from producing any books, papers, contracts, agreements or documents at the trial of any other person charged with violating any provision of this and the preceding section, on the ground that such testimony or evidence may tend to incriminate himself; but no person shall be prosecuted for any act concerning which he shall be compelled so to testify or produce evidence, documentary or otherwise, except for perjury committed in so testifying.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 185 - Deposits by Companies in Compliance With State Laws to Be Held by State Treasurer in Trust

Section 185. The state treasurer in his official capacity shall take and hold in trust deposits made by any domestic company for the purpose of complying with the laws of this commonwealth or of any other state or country to enable such company to do business in such state or country, and also in like manner take and hold any deposit made by a foreign company or foreign fraternal benefit society under any law of this commonwealth; provided, that bonds need not be accepted by the treasurer unless in registered form and of denominations satisfactory to him. The company or society making such deposit shall be entitled to the income thereof, and may from time to time, with the consent of the treasurer, when not forbidden by the law under which the deposit is made, change in whole or in part the securities composing the deposit for other approved securities of equal par value.
The state treasurer may, upon written request of any domestic company, return to it the whole or any portion of any deposit held by him on behalf of such company, if he is satisfied that the deposit or the portion thereof requested to be returned is subject to no liability and is no longer required to be held by any provision of law of this commonwealth or of any such other state or country or for the purpose of the original deposit. He shall return to any foreign company or foreign fraternal benefit society the whole or any portion of any deposit held by him on behalf of such company or such society, upon the written order of the commissioner.
A company or society which has made such deposit, or its trustees or resident manager in the United States, or the commissioner, or any creditor of such company or society may at any time bring, in the supreme judicial court for the county of Suffolk, a suit in equity against the commonwealth and other parties properly joined therein to enforce, administer or terminate the trust created by such deposit. The process in such suit shall be served on the state treasurer, who shall appear and answer on behalf of the commonwealth and perform such orders and decrees as the court may make thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 186 - Misrepresentation or Warranty by Insured; Effect

Section 186. (a) No oral or written misrepresentation or warranty made in the negotiation of a policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is made with actual intent to deceive, or unless the matter misrepresented or made a warranty increased the risk of loss.
(b) No oral or written misrepresentation or warranty as to the physical condition or health risks to the physical condition of the insured made in the negotiation of any policy of life or endowment insurance or annuity contract by the insured or on his behalf shall defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is material and is made with actual intent to deceive or increased the risk of loss. For the purposes of this paragraph, a misrepresentation or warranty shall be deemed material if knowledge or ignorance of it would otherwise have influenced the insurer in making the contract at all, or in estimating the degree and character of the risk, or in fixing the rate of the premium.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 186a - Delivery of Policy; Presumptions

Section 186A. The delivery of any policy of life or endowment insurance or annuity contract shall create a presumption that any conditions precedent, other than a condition requiring prepayment of the initial premium, to the attaching of the policy or contract have been performed. In any court action based on a life insurance policy in which the good health of the insured at the time the policy becomes effective is at issue, there shall be a presumption that the insured was in good health if the insurer delivered the policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 186b - Effect of Lack of Sworn Statement of Loss; Laws Applicable

Section 186B. The provisions of section one hundred and two, relative to certain rights of an insured who has failed to render a sworn statement of loss, shall apply in case of claims for loss or damage from any hazard insured against under any policy of insurance issued in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187 - Foreign Companies; Contents of Policies

Section 187. Policies of life or endowment insurance, group life insurance or insurance against accidental injury or disease issued by a foreign company in this commonwealth may, with the approval of the commissioner, contain any provision required by the law of the state, territory or district of the United States under which the company is organized, which is not contrary to the laws of this commonwealth; and such policies of a domestic company issued in any other state, territory, district or country may contain any provision required by the laws of the state, territory, district or country in which the same are issued.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187a - Actions on Policies; Limitation

Section 187A. If a suit or action on a policy of insurance, duly commenced within the time limited by any valid clause of such policy for commencing suits or actions against the company, shall be enjoined or abated, suit or action may be commenced at any time within one year after the dissolution of such injunction or the abatement of such suit or action, to the same extent as if there were no limitation of time provided in the policy for the bringing of such suit or action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187b - Cancellation of Policy; Failure to Return Premium; Penalties

Section 187B. A company, or any officer, agent or employee thereof, having actual knowledge that the insured under any policy of insurance has paid the premium thereon to the company, or to its agent who issued the policy, or to the duly licensed insurance broker who negotiated it or its continuance or renewal, who cancels or offers or attempts to cancel any such policy, which provides for cancellation by the company upon giving written notice and paying or tendering to the insured a return premium, without paying or tendering to him with said notice the full return premium thereunder according to its terms without any deductions, or who refuses to pay or tender to the insured the full return premium according to its terms without any deductions upon demand after cancellation by the insured of any such policy which provides for cancellation by the insured and for the payment to him of a return premium, or who refuses to pay or tender to the insured the full return premium according to the terms of the policy without any deductions, upon demand after the full return premium has been ascertained, in the case of such a policy which provides for cancellation by the company upon written notice without paying or tendering the return premium until it has been ascertained, or upon demand after cancellation in the case of such a policy which provides for cancellation by the company upon giving written notice and for the payment of the return premium upon demand after cancellation, shall be punished for the first offence by a fine of not less than fifty nor more than two hundred dollars and for each subsequent offence by a fine of not less than one hundred nor more than five hundred dollars and by imprisonment for not more than six months. An insurance agent may offset funds due an insured for return premiums on any policy against amounts due him from the same insured for any due and unpaid premiums on any other policy issued by the same insurer. An insurer may pay return premiums to any agent for such purpose. An insurer whose return premiums are used by an insurance agent to offset funds due him shall be held to have discharged its obligations to its insured for such return premiums. This section shall not invalidate an assignment of return premium made concurrently with policy insurance as security for financing such premium, nor the right of the assignee, or his assign, to enforce such assignment as a prior claim.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187c - Cancellation of Policy; Procedure

Section 187C. A company issuing any policy of insurance which is subject to cancellation by the company shall effect cancellation by serving the notice thereof provided by the policy and by paying or tendering, except as provided in this and the following section, the full return premium due thereunder in accordance with its terms without any deductions. Such notice and return premium, if any, shall be delivered in hand to the named insured, or be left at his last address as shown by the company's records or, if its records contain no such address, at his last business, residence or other address known to the company, or be forwarded to said address by first class mail, postage prepaid, and a notice left or forwarded, as aforesaid, shall be deemed a sufficient notice. No written notice of cancellation shall be deemed effective when mailed by the company unless the company obtains a certificate of mailing receipt from the United States Postal Service showing the name and address of the insured stated in the policy. A check of the company or its duly authorized agent shall be deemed a sufficient tender. The affidavit of any officer, agent or employee of the company, duly authorized for that purpose, that such notice has been served and such return premium, if any, has been paid or tendered, as provided in this section, shall be prima facie evidence that cancellation has been duly effected.
If a policy is made payable to a mortgagee or any person other than the insured, notice shall be given as above provided to the payee as well as to the insured.
Policies subject to cancellation by the insured upon giving notice to the company may be cancelled by serving such notice in the manner herein provided upon the company or upon its agent who issued the policy.
Whoever knowingly and wilfully makes a false affidavit under this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than one year.
This section shall not apply to nor be deemed to prevent the termination of any policy by mutual consent of the parties, nor shall it require the payment or tender of a return premium upon the cancellation of a policy which provides for the payment of a return premium when ascertained or upon demand after cancellation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187d - Cancellation of Policy; Non-Payment of Premium

Section 187D. A company issuing any policy of insurance which provides for cancellation by the company upon giving written notice to the insured and for the payment or tender to the insured of a return premium at any time either before, at or after cancellation, may cancel such policy by giving the notice provided therein in the manner prescribed by section one hundred and eighty-seven C without tendering or paying at any time or in any case any return premium thereon, if the insured has not prior to the date of such notice, actually paid the premium thereon either to the company, or to its agent who issued the policy, or to the duly licensed insurance broker who negotiated it or its continuance or renewal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187e - Small Claims; Payments to Heirs of Decedents

Section 187E. A company which upon the death of an individual residing in the commonwealth owes his estate an aggregate sum not exceeding ten thousand dollars under any policy or policies of life, endowment, or accident or health insurance, or any annuity or pure endowment contract or contracts, may, at any time not less than sixty days thereafter, upon satisfactory proof, pay such sum to his surviving spouse, or, if none, to one or more of his heirs under section three of chapter one hundred and ninety; provided, that at the time of such payment no written claim for such sum has been received at the company's home office from any executor, administrator or special administrator of the estate of such individual. Any payment made under any such policy or contract under authority of this section to a person eighteen years of age or older shall constitute a full discharge of the company from all liability thereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187f - Cancellation of Policies During Strike of Insurance Agents

Section 187F. 1. No life insurance policy, non-cancellable disability insurance contract, hospital expense or hospital and surgical expense contract, now or hereafter in force in the commonwealth, premiums for which are normally collected by insurance agents employed by the insurer, shall terminate or lapse by reason of default in payment of any premium, installment or interest on any policy loan payable to said insurer during the period that said insurer's agents are on strike.
2. The insured or premium payer of any policy or contract of insurance set forth in paragraph 1, shall be entitled to a grace period of thirty-one days immediately following the authorized termination of such strike, within which the payment of any premium, installment or interest on any policy loan may be made, during which period of grace the policy or contract of insurance shall continue in full force and effect.
3. If a claim arises under the policy or contract of insurance during a strike period as set forth in paragraph 1, or during the grace period as set forth in paragraph 2, before the overdue premium, or installment or interest on a policy loan, if any, are paid, the amount of such overdue premium or installment together with interest not to exceed six per cent per annum and the amount of any loan with interest due, may be deducted from the amount payable under the policy or contract in settlement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187g - Lapse of Certain Life Insurance Policies During Strike of Agents; Reinstatement

Section 187G. Any life insurance policy having nonforfeiture values, which is ineligible for an automatic premium loan or does not have an authorization for an automatic premium loan, that is now or hereafter in force and for which policy premiums are normally collected by insurance agents employed by the insurer, which lapses during the time such insurance agents are on an authorized strike, shall be entitled to reinstatement without evidence of insurability within thirty-one days of the authorized termination of the strike, and the provisions of such policy shall also provide for the manner of repayment of premiums due by such insured plus interest, if any.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 187h - Owner's Right to Cancel Policy; Notice; Refund of Prepaid Premiums

Section 187H. No policy of individual life insurance with a face amount of less than twenty-five thousand dollars shall be delivered or issued for delivery in the commonwealth unless it shall have printed thereon or attached thereto a notice stating in substance that the owner of the policy shall be permitted to cancel said policy within ten days of its delivery by the insurer if, after examination of the policy, the owner is not satisfied with it for any reason. If the owner, pursuant to such notice, surrenders the policy to the insurer by delivering it to the home office or branch office of said insurer, or to the agent through whom it was purchased, any premium paid shall be refunded and the policy shall upon such delivery be deemed void from the beginning.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 188 - Unlawful Use of Proxy; Penalty

Section 188. A paid officer of a domestic mutual company who asks for, receives or procures to be obtained or uses a proxy to vote in violation of any provision of section seventy-six or ninety-four shall be punished by a fine of not less than one hundred nor more than three hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 189 - Policies in Violation of This Chapter; Penalty

Section 189. A company or any officer or agent thereof who makes, issues or delivers a policy of insurance or an annuity or pure endowment contract in violation of this chapter shall, except as otherwise provided, forfeit not less than fifty nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 190a - Definitions Applicable to This Section and Secs. 190b and 190c

Section 190A. The following words and phrases for the purposes of this section and the following two sections, shall have the following meanings:— ''Mass marketed life or health insurance'', the insurance under any individual, franchise, group or blanket policy of life or health insurance which is offered by means of direct response solicitation through a sponsoring organization or through the mails or other mass communications media and under which the person insured pays all or substantially all of the cost of his insurance.
''Direct response solicitation'', any offer by an insurer to persons in the commonwealth, either directly or through a third party, to effect life or health insurance coverage which enables the individual to apply or enroll for the insurance on the basis of the offer. It shall not include solicitations for insurance through an ''employee benefit plan'' as defined by an act of congress entitled the Employee Retirement Income Security Act of 1974, Public Law 93–406 nor shall it include such a solicitation through the individual's creditor with respect to credit life or credit health insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 190b - Mass Marketed Life or Health Insurance; Reasonableness of Charges; Findings; Orders; Review

Section 190B. No mass marketed life or health insurance may continue to be sold or offered to persons in the commonwealth if the commissioner finds that the total charges for the insurance to the persons insured are unreasonable in relation to the benefits provided. Any such finding shall be made after hearing after not less than thirty days' written notice to the insurer. The commissioner shall make findings in writing, including the reasons therefore, and may issue an order directing the insurer to cease selling or offering to sell such insurance. Such order shall continue in effect until the total charges for the insurance are found to be reasonable in relation to the benefits. Any person or company aggrieved by any order of the commissioner under this paragraph may, within twenty days from the filing of a memorandum thereof in his office, file a petition in the supreme judicial court for Suffolk county for a review of such order. The order of the commissioner shall remain in full force and effect pending the final decision of the court unless the court or a justice thereof after notice to the commissioner shall by a special order otherwise direct. The court shall have jurisdiction to annul or affirm such order and shall review all questions in accordance with the standards for review provided in paragraph (7) of section fourteen of chapter thirty A and may make any appropriate order or decree.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 190c - Mass Marketed Life or Health Insurance; Nonresident Insurers; Compliance With State Laws

Section 190C. Any insurer extending mass marketed life or health insurance under a group or blanket policy issued outside the commonwealth to residents of the commonwealth shall:
(1) comply with respect to such insurance with the requirements of the commonwealth relating to advertising and to claims settlement practices; and
(2) shall, upon request of the commissioner, make available for the purpose of determining compliance with the provisions of this section, copies of any such policy or certificates or both issued thereunder, and any advertising material used within the commonwealth in connection with such insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 191 - Commissioner; Power to Require Submission of Policies and Circulars for Inspection; Penalty

Section 191. The commissioner may require a company to submit for his inspection copies of any policy form used by the company; a form of any rider, endorsement or application used in connection therewith, and copies of any circular or other advertising matter issued by it in the commonwealth. A company, or any officer or agent thereof who, within thirty days after receipt of a written request therefor, neglects or refuses to comply with this section 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 191a - Property Damage to Insured's Motor Vehicle; Notice of Losses; Arbitration Clause

Section 191A. No company shall issue a policy or contract which insures against physical damage to a motor vehicle of the insured unless said policy contains in substance the following provisions:—
In case of any loss or damage insured against under the policy, the named insured shall give notice thereof as soon as practicable to the company or any of its authorized agents and also, in the event of larceny, robbery or pilferage, to the police, and within sixty days after filing proof of loss the company shall pay the amount of loss as provided in the policy.
If the named insured and the company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the named insured or the company, such umpire shall be selected by a judge of a court of record in the county and state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The named insured and the company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rights by any act relating to appraisal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 192 - Riders and Endorsements; Commissioner's Approval

Section 192. All provisions of law relative to the filing of policy forms with, and the approval of such forms by, the commissioner shall also apply to all forms of riders, endorsements and applications designed to be attached to such policy forms and when so attached to constitute a part of the contract; provided, that riders or endorsements used at the request of individual policyholders in connection with policies of life or endowment insurance relative to the distribution of benefits payable under their policies or to the reservation of rights or benefits thereunder, and riders or endorsements used under the ninth clause of section ninety-nine in connection with policies of fire insurance issued under section one hundred and two A, may be used, so far as consistent with law, without such approval. All such provisions of law shall also apply to all forms of riders or endorsements, designed to be attached to motor vehicle liability policies as defined in section thirty-four A of chapter ninety, providing for additional coverage permitted by section one hundred and eleven C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 192a - Loose Leaf Policies; Filing and Approval

Section 192A. In the case of policies and contracts issued in accordance with sections one hundred and eight, one hundred and thirty-two, one hundred and thirty-two A, one hundred and thirty-two B, one hundred and thirty-three, and one hundred and thirty-four, the commissioner may approve such policies and contracts in loose leaf form and alternate pages submitted separately for use with such policies and contracts, if the provisions thereof otherwise comply with this chapter. Combinations of approved pages may be used to form complete policies and contracts provided a schedule is filed with the commissioner showing the pages to be used to form any particular policy or contract.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193 - Policies Issued Contrary to This Chapter; Validity

Section 193. Any policy of insurance or any annuity or pure endowment contract issued in violation of any provision of this chapter shall be valid and binding upon the company issuing it, and the rights, duties and obligations of the parties thereto shall be determined by this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193a - Jurisdiction of Superior Court to Restrain Violations of Chapter and Enforce Compliance of Provisions Thereof

Section 193A. The superior court shall have jurisdiction in equity, upon an information filed by the attorney general at the relation of the commissioner, to restrain all violations of this chapter and to enforce compliance with the provisions thereof and payment of all fines, forfeitures or penalties provided thereby. The remedy herein provided shall be in addition to all other remedies otherwise provided by law or by this chapter, and not in substitution therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193c - Domestic Companies; Interlocking Directorates; Regulations; Procedure

Section 193C. Any domestic insurance company may have as a director a person who is also a director of another insurance company, which may be an alien, foreign or domestic company, provided, however, that if the effect thereof is to substantially lessen competition generally in the insurance business or tends to create a monopoly therein, it shall be deemed a violation of this chapter.
Whenever the commissioner has reason to believe that there is a violation of this section, he shall serve upon the director concerned a complaint stating the commissioner's charge in that respect, to which complaint shall be attached, or in which there shall be contained, a notice of hearing, specifying the time and place, not less than thirty days after the service thereof, and requiring such director to show cause why an order should not be made by the commissioner directing such director to cease and desist from such violation. Such director may at the time and place so fixed show cause why such an order should not be entered. Nothing contained in this section shall require the observance at such hearing of formal rules of pleading or evidence, and the evidence taken at such hearing shall be reduced to writing and made a part of the record thereof. If, upon such hearing, the commissioner shall find that such director has violated this section, he shall issue and cause to be served upon such director an order reciting the facts found by him, the respects in which such director shall have violated this section and directing such director to cease and desist from such violation. Any finding and order of the commissioner shall be subject to review, which shall be on the basis of the record of the proceedings before the commissioner and shall not be limited to questions of law, by appeal to the supreme judicial court within twenty days after the receipt of such order at the instance of any party in interest. The filing of such appeal shall act as a stay of any such order unless the court shall determine otherwise. The court may modify, affirm or reverse the order of the commissioner in whole or in part.
Whenever, after the time for appeal from any such cease and desist order of the commissioner has expired, or, if an appeal has been taken, after such order has been affirmed, the commissioner shall have reason to believe that there has been a failure by any such director to comply with such cease and desist order, he shall report the facts to the attorney general who, if he confirms such facts after investigation, shall petition the supreme judicial court to enter a decree ordering the said director to comply with the cease and desist order forthwith.
The effect of any person serving as director for two or more insurance companies shall prima facie not be in violation of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193e - Coercion in the Placing of Insurance on Real or Personal Property Prohibited; Fines; Exceptions

Section 193E. No person, firm or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall require, as a condition precedent to such financing or lending, or as a condition precedent to the renewal or extension of any such loan or to the performance of any other act in connection with such financing or lending, that the purchaser or borrower, or his successors, shall negotiate through a particular insurance company, or insurance agent or broker, any policy of insurance or renewal thereof insuring such property. No such person, firm or corporation so engaged shall require any fee or the payment of any money for the substitution by the purchaser or borrower or his successors of a new insurance policy on the property upon termination of the existing policy, when such insurance policy is provided through an insurance company or insurance agent or broker licensed to transact business in the commonwealth.
Any person, firm or corporation, whether as principal, agent, officer or director, for himself or itself, or for another person, firm or corporation, violating the provisions of this section shall be fined not more than one hundred dollars. This section shall not prevent the exercise by any such person, firm, corporation, trustee, director, officer, agent or employee of its right to approve or disapprove of the insurance company selected to underwrite the insurance and of the policy including its terms and conditions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193f - Policy Forms; Filing With Commissioner; Approval

Section 193F. The thirty-day period specified in sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B and one hundred and thirty-four may be extended by the commissioner with respect to any form required to be filed with him by said sections for an additional thirty days by giving written notice of such extension to the company filing such form before the expiration of the thirty-day period specified in said sections. At the expiration of the thirty days specified in said sections or of any extension thereof in the manner provided in this section, the form so filed shall be deemed approved unless prior to the applicable period it has been affirmatively approved or disapproved in accordance with the provisions of said sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B or one hundred and thirty-four, whichever is applicable. Approval of any such form by the commissioner during the thirty days specified in said sections or under any extension authorized by this section shall constitute a waiver of any unexpired portion of the period applicable to the filing.
To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six M and any regulations promulgated thereunder, the provisions of said chapter one hundred and seventy-six M and any such regulations shall govern the terms, conditions, rates and all other matters concerning any policy form that is within the definition of a guaranteed issue health plan in said chapter one hundred and seventy-six M.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193g - Policy Forms; Disapproval; Resubmission for Approval

Section 193G. Whenever the commissioner notifies a company in writing, pursuant to sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B or one hundred and thirty-four, within thirty days or any extension thereof as authorized in section one hundred and ninety-three F, that in his opinion the form so filed does not comply with the laws of the commonwealth, specifying his reasons therefor, said form, if resubmitted to the commissioner within thirty days of receipt of such notice of disapproval, shall not be issued or delivered in the commonwealth until a copy of such resubmitted form has been on file for thirty days with the commissioner, unless before the expiration of said thirty days the commissioner shall have approved the form in writing, nor if the commissioner notifies the company in writing, within said thirty days, that in his opinion the form of the policy or contract does not comply with the laws of the commonwealth specifying his reasons therefor, provided that such action of the commissioner shall be subject to review by the supreme judicial court. At the expiration of the thirty days specified in this section the resubmitted form shall be deemed approved unless prior to the expiration of said period it has been affirmatively approved or disapproved as hereinabove provided.
To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six M and any regulations promulgated thereunder, the provisions of said chapter one hundred and seventy-six M and any such regulations shall govern the terms, conditions, rates and all other matters concerning any policy form that is within the definition of a guaranteed issue health plan in said chapter one hundred and seventy-six M.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 175 - Insurance › Section 193h - Policy Forms; Withdrawal of Approval; Notice and Hearing; Review

Section 193H. The commissioner may at any time give notice to the insurer of his intention to withdraw his approval of any form required to be filed by the provisions of sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B or one hundred and thirty-four and which either has been affirmatively approved pursuant to said sections or section one hundred and ninety-three G or is deemed to have been approved pursuant to sections one hundred and ninety-three F or one hundred and ninety-three G if in his opinion such form does not comply with the laws of the commonwealth applicable thereto. Such notice shall be made in writing, shall state the grounds for withdrawal of approval in sufficient detail to inform the insurer thereof, and shall fix the date and place for a hearing thereon, such day to be not less than twenty days from the day such notice is given to the insurer. Following such hearing the commissioner shall notify the insurer of any decision directing the withdrawal of approval under this section; such notice shall be made in writing and shall specify the reasons therefor. After the expiration of thirty days from the receipt of such notice of decision with respect to any form it shall be unlawful for the insurer to issue such form or use it in connection with any policy.
Any person or company aggrieved by any action, order, finding or decision of the commissioner under the foregoing paragraph of this section may, within twenty days from the filing of a memorandum thereof in his office, file a petition in the supreme judicial court for the county of Suffolk for a review of such action, order, finding or decision. The action, order, finding or decision of the commissioner shall remain in full force and effect pending the final decision of the court unless the court or a justice thereof after notice to the commissioner shall by a special order otherwise direct. The court shall have jurisdiction in equity to modify, amend, annul, review or affirm such action, order, finding or decision, shall review all questions in accordance with the standards for review provided in clause (8) of section fourteen of chapter thirty A, and may make any appropriate order or decree.
To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six M and any regulations promulgated thereunder, the provisions of said chapter one hundred and seventy-six M and any such regulations shall govern the terms, conditions, rates and all other matters concerning any policy form that is within the definition of a guaranteed issue health plan in said chapter one hundred and seventy-six M.