reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 90.00 - Legal Services Plans › Section 90.07 - Modification of Plan of Operation and Benefit Contracts

Current through Register 1525, July 5, 2024
No insurer or membership plan sponsor shall change any
				provision of its plan of operation or benefit contracts without the
				Commissioner's prior approval. Proposed changes shall be filed and reviewed in
				the same manner as the original document. Each filing shall include an
				explanation supporting the need for the change.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 90.00 - Legal Services Plans › Section 90.08 - Rates

Current through Register 1525, July 5, 2024
No insurer or membership plan sponsor shall use rates which are
				inadequate, excessive, or unfairly discriminatory. The rates used shall enable
				subscribers to receive legal services at a reasonable cost and shall tend to
				restrain any inflation in the cost of legal services attributable to the
				operation of legal services plans. The burden of demonstrating that proposed
				rates fall within the standards of this article shall lie entirely with the
				insurer or membership plan sponsor. To assure reasonable opportunity for the
				Commissioner to scrutinize rates, insurers and membership plan sponsors must
				file all proposed rate schedules no less than 15 calendar days prior to their
				intended effective date. The Commissioner may delay the implementation of any
				proposed rates for an additional 30 calendar days at his or her sole discretion
				while the Division conducts an investigation of the proposed rates. The
				Commissioner may issue a notice of hearing at any time during the period
				between the filing of a proposed rate schedule and its effective date. The
				effective date shall then automatically be postponed until the issuance of a
				decision approving or disapproving the rates.
If the Commissioner does not issue a notice of hearing, the
				rates shall become effective on the date specified in the filing or, if the
				Commissioner has delayed their implementation, on the date specified by the
				Commissioner.
No filing shall be accepted in accordance with this article
				unless it includes a detailed statement of the procedures used to derive the
				rates and an explanation by the insurer's or membership plan sponsor's actuary
				supporting the actuarial assumptions and calculations utilized in the
				submission.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 90.00 - Legal Services Plans › Section 90.10 - Examinations

Current through Register 1525, July 5, 2024
Examinations of insurers will be conducted in accordance with
				M.G.L. c. 175, § 4 of and 211 CMR 19.15.Examinations of membership plan
				sponsors will be conducted in accordance with M.G.L. c. 176H § 13 and 211
				CMR 19.15, with "M.G.L. c. 176H, § 13" substituted for MGL. c. 175, §
				4.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 90.00 - Legal Services Plans › Section 90.11 - Books and Records

Current through Register 1525, July 5, 2024
Every insurer and membership plan sponsor shall keep its books
				of account and other records current.
In addition, every insurer and membership plan sponsor shall
				maintain a file of all its advertising and marketing materials, with a notation
				attached to each describing the manner and extent of its distribution. This
				file will be reviewed periodically by the Division of Insurance in order to
				ensure that no materials are unfair or deceptive in violation of M.G.L. c.
				176D.
Every insurer and membership plan sponsor shall collect and
				maintain data which will permit it to readily determining for any given period
				the total number of covered legal services provided, the total hours of
				attorney time involved, the total amount of attorneys' fees, the total amount
				of attorneys' fees paid by the insurer or membership plan sponsor, and the
				total deductible payments, coinsurance payments, and copayments made by
				subscribers. In addition, every insurer which writes legal services insurance
				under an insured service legal services plan and every membership plan sponsor
				shall maintain in summary form the results of the subscriber satisfaction
				forms. This information shall be furnished to the Commissioner upon his or her
				request.
All books and records must be kept in an easily accessible
				place at the main office of the insurer or membership plan sponsor for three
				years. After that time, they may be stored or microfilmed, but the original
				records or microfilm copies must remain available to the Commissioner for at
				least two more years.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 90.00 - Legal Services Plans › Section 90.12 - Agents

Current through Register 1525, July 5, 2024
Persons selling the benefit contracts of insurers shall be
				licensed under § 163 of c. 175. Persons selling the benefit contracts of
				membership plan sponsors shall register with the Commissioner on a form
				prescribed by him or her.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.01 - Authority

Current through Register 1525, July 5, 2024
211
				CMR 91.00 is promulgated in accordance with the
				authority granted to the Commissioner of Insurance by M.G.L. c. 175A, § 15
				and M.G.L. c. 175E, § 10.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.03 - Purpose and Scope

Current through Register 1525, July 5, 2024
211
				CMR 91.00 shall govern the activities of Rating
				Organizations, the form and content of Rate Filings and Advisory Filings, and
				the conduct of hearings and related roceedings under M.G.L. c. 175E.
				211
				CMR 91.00 supersedes the prescription of forms for
				rate filings, codified as 211 CMR 76.00, and the procedures concerning rate
				filings and the conduct of hearings for motor vehicle insurance, other than
				private passenger coverages, under M.G.L. c. 175E, codified as 211 CMR
				78.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.05 - Statistical Plan

Current through Register 1525, July 5, 2024
Nothing in
				211
				CMR 91.00 shall affect the obligations of each Insurer
				or Insurance Company Group to comply with any statistical plans promulgated by
				the Commissioner for annual reporting of Motor Vehicle Insurance
				experience.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.06 - Filings

Current through Register 1525, July 5, 2024
(1)
Time for Rate
			 Filings
. Any Rate Filing shall be submitted to the Commissioner
			 not less than 45 days prior to its proposed effective date. Three copies of any
			 Rate Filing shall be submitted to the Commissioner and one copy to the Attorney
			 General, unless the Commissioner directs otherwise.
(2)
Time for Advisory
			 Filings
. Advisory Filings may be filed at any time, but must be
			 filed no less than ten days before any hearing at which they may be considered.
			 Three copies of any Advisory Filing shall be submitted to the Commissioner and
			 one copy to the Attorney General, unless the Commissioner directs
			 otherwise.
(3)
Supporting Information
. The Commissioner may require
			 any Insurer, Insurance Company Group or Rating Organization to furnish the
			 information upon which it supports its Rate Filing.
(4)
Form
. Rate
			 Filings and Advisory Filings, and supporting information as applicable, shall
			 be presented in the following order:
(a)
			 Summary of rate level changes
(b)
			 Rate level calculations for each coverage
(c) Premiums and exposures
(d) Adjustments to Premiums and
			 Exposures
(e) Reported
			 losses
(f) Development
			 factors
(g) Claim cost
			 trends
(h) Frequency
			 trends
(i) Other adjustments to
			 losses
(j) Claim adjustment
			 expenses
(k) Commission
			 Expenses
(l) Other
			 expenses
(m) Expense
			 trends
(n) Underwriting Profit,
			 including due consideration of investment income
(o) Classification Plans
(p) Territorial, Classification and Rating
			 relativities
(q) Increased limits
			 factors
(r) Deductible and
			 miscellaneous rating factors
(s)
			 Data sources
(t)
			 Credibility
(u)
			 Miscellaneous
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.07 - Initiation of a Hearing on a Rate Filing

Current through Register 1525, July 5, 2024
(1)
Time for Initiation
. Except as otherwise provided in
			 211
			 CMR 91.00, a notice of hearing on any Rate Filing must
			 be given within thirty days after a Rate Filing is submitted.
(2)
Initiation by the
			 Commissioner
. The Commissioner may, in his discretion, initiate a
			 hearing on a Rate Filing. The Commissioner may consider the recommendations of
			 the State Rating Bureau, established by M.G.L. c. 26, § 8E, in determining
			 whether to initiate a hearing.
(3)
Request by the Attorney Genera
l. The Commissioner
			 shall initiate a hearing on a Rate Filing if he receives from the Attorney
			 General a written request to do so.
(4)
Request by Insurance
			 Producer
. The Commissioner shall initiate a hearing on a Rate
			 Filing if he receives a written request to do so from any insurance producer of
			 any Insurer to which such Rate Filing is applicable or from any association
			 representing insurance producers, provided:
(a) the Rate Filing proposes a change in the
			 relationship between the proposed rates and the commission expense provisions
			 in the rates from the relationship in the rates previously in effect for the
			 Insurer or Insurance Company Group involved, and
(b) the Commissioner determines that any such
			 request is in good faith and states reasonable grounds.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.08 - Pre-hearing Procedures

Current through Register 1525, July 5, 2024
(1)
Statutory Intervenors
. No more than seven days
			 following notice of a hearing, a Statutory Intervenor may submit to the
			 Presiding Officer a notice of intent to appear as a Party.
(2)
Petition for Leave to
			 Participate as a Party
. No more than seven days following notice
			 of a hearing, any person, agency or organization that wishes to appear and
			 present testimony at the hearing may submit to the Presiding Officer a petition
			 for leave to participate as a Party.
(3)
Request for Permission to
			 Make an Oral Statement
. No more than seven days following notice
			 of a hearing, any person, agency or organization which has not submitted a
			 petition for leave to participate as a Party may submit a written request to
			 the Presiding Officer for permission to make an Oral Statement.
(4)
Notice of Appointment of
			 Counsel
. Any Party which will be represented at a hearing by
			 counsel shall submit a notice of appointment of counsel containing the name,
			 address and telephone number of counsel. Any notice required to be given to a
			 party pursuant to
			 211
			 CMR 91.00 may be given to the counsel named in the
			 party's notice of appointment of counsel.
(5)
Pre-Hearing
			 Conference
. No less than seven days prior to the scheduled date of
			 a hearing, the Presiding Officer shall hold a prehearing conference for the
			 resolution or simplification of issues and for any matters which may facilitate
			 or expedite the completion of the hearing.
(6)
Submission of Lists of
			 Witnesses
. No less than seven days prior to the scheduled date of
			 a hearing, each Party shall submit to the Presiding Officer a list of witnesses
			 which it intends to call to testify. This list shall include the occupation and
			 qualifications of each witness, a statement of the subject matter upon which
			 each witness will testify, and the approximate amount of time required for such
			 testimony. The Presiding Officer may, in his discretion, determine the order of
			 presentation of testimony.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.10 - Briefs

Current through Register 1525, July 5, 2024
A Party may submit a brief to the Presiding Officer within such
				time as the Presiding Officer shall specify. A Party which desires additional
				time in which to file a brief may request an extension by written motion within
				the period specified. Each Party who files a brief shall submit two copies to
				the Presiding Officer, except where a different number is permitted or directed
				by the Presiding Officer, and shall serve one copy on all other
				Parties.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.11 - Decisions

Current through Register 1525, July 5, 2024
The decision of the Presiding Officer shall be in writing. It
				shall be accompanied by a statement o f reasons there for, including
				determinations of each issue of fact or law necessary to the decision. The
				Presiding Officer shall notify all parties of the decision, of their right to
				appeal the decision, and of the time within which such right may be enforced.
				If the Presiding Officer is a person other than the Commissioner, he shall file
				the decision with the office of the Commissioner.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.12 - Appeals

Current through Register 1525, July 5, 2024
(1) Appeal of decisions where the Presiding
			 Officer is a person other than the Commissioner. Any person aggrieved by any
			 finding, ruling or decision rendered upon a hearing held before a Presiding
			 Officer other than the Commissioner may, within three days after receipt of
			 such finding, ruling or decision or such further time as may be allowed by the
			 Commissioner, appeal to the Commissioner, who shall review the case and who may
			 modify, affirm or reverse such finding, ruling or decision.
(2) Review by the Commissioner. Upon the
			 docketing of an appeal, the Commissioner shall set a date for the filing by the
			 aggrieved party of a brief which shall state the grounds for the appeal and the
			 remedy requested. The failure to file a brief within the time allotted shall be
			 considered a waiver of the right to appeal. The Commissioner shall notify all
			 other parties of the filing of an appeal and of the date upon which the
			 appellant's brief is to be submitted. The Commissioner shall give other parties
			 an opportunity to submit briefs by designating a date therefor. Notwithstanding
			 the preceding sentence, if the Commissioner determines, following a review of
			 the record, that the appeal is without substantial merit, he may dispose of
			 such appeal without requesting briefs from the other parties. Prior to making
			 any decision, the Commissioner may, in his discretion, request all parties to
			 attend a conference to review and discuss the appeal.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.13 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				211
				CMR 91.00 are severable. If any provision of
				211
				CMR 91.00 is declared to be invalid for any reason,
				that declaration shall not affect the validity of any other provision of
				211
				CMR 91.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 91.00 - Motor Vehicle Insurance Rates › Section 91.14 - Effective Date

Current through Register 1525, July 5, 2024
The immediate adoption of
				211
				CMR 91.00 under M.G.L. c. 175E, § 10, is
				necessary in order to permit an orderly transition to competitive rating on
				commercial coverages.
				211
				CMR 91.00 are effective immediately.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.01 - Authority

Current through Register 1525, July 5, 2024
211 CMR 94.00 is issued
				pursuant to the authority granted the Commissioner of Insurance by M.G.L. c.
				175, § 113S.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.02 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of
				211 CMR 94.00 is to establish
				standards and procedures for the inspection of certain motor vehicles prior to
				Insurers' issuance of Physical Damage Coverages.
				211 CMR 94.00 applies to all
				Private Passenger Motor Vehicles insured in the Commonwealth of Massachusetts
				(Commonwealth), unless specifically exempted or waived under
				211 CMR
				94.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.04 - Inspection Requirements

Current through Register 1525, July 5, 2024
(1) No Motor
			 Vehicle Liability Policy for a Private Passenger Motor Vehicle including
			 Physical Damage Coverage shall be issued or renewed in the Commonwealth unless
			 the Insurer has inspected the motor vehicle in accordance with
			 211 CMR 94.00.
(2) Physical Damage Coverage shall not be
			 effective on an additional or replacement Private Passenger Motor Vehicle under
			 an existing Motor Vehicle Liability Policy until the Insurer has inspected the
			 motor vehicle in accordance with
			 211 CMR 94.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.05 - Mandatory Waiver of Inspection Requirements

Current through Register 1525, July 5, 2024
(1)
			 The Insurer shall waive an inspection of a Private Passenger Motor Vehicle
			 under the following circumstances:
(a) the
			 Private Passenger Motor Vehicle is a new, unused motor vehicle from a
			 franchised automobile dealership where the Insurer is provided with either: a
			 copy of the bill of sale which contains a full description of the motor vehicle
			 including all options and accessories; or a copy of the RMV Form 1 provided by
			 the Registry of Motor Vehicles (RMV), which establishes the transfer of
			 ownership from the dealer to the customer and a copy of the window sticker or
			 the dealer invoice showing the itemized options and equipment in addition to
			 the total retail price of the motor vehicle. The Physical Damage Coverage on
			 such new, unused Private Passenger Motor Vehicle shall not be suspended during
			 the term of the Motor Vehicle Liability Policy due to the Applicant's failure
			 to provide the required documents. Payment of a Physical Damage Coverage claim,
			 however, shall be conditioned upon the receipt by the Insurer of such documents
			 and no Physical Damage Coverage loss occurring after the effective date of the
			 coverage shall be payable until the documents are provided to the Insurer. If
			 the documents are not submitted by the Applicant at least 60 days prior to the
			 Applicant's policy renewal date, the Insurer, upon renewal of the Physical
			 Damage Coverage, shall require an inspection as set forth in
			 211 CMR 94.00;
(b) the Applicant for Physical Damage
			 Coverage is an Existing Customer;
(c) the Private Passenger Motor Vehicle
			 already is insured for such Physical Damage Coverage with the Insurer by the
			 Applicant;
(d) the Insurer waives
			 the inspection pursuant to
			 211 CMR
			 94.06;
(e) the Private Passenger Motor Vehicle is a
			 Temporary Substitute Motor Vehicle;
(f) the Private Passenger Motor Vehicle is
			 leased for less than six months, provided the Insurer receives a copy of the
			 lease or rental agreement containing a description of the leased motor vehicle
			 including its condition. Payment of a Physical Damage Coverage claim shall be
			 conditioned upon receipt of a copy of the lease or rental agreement;
(g) the inspection would cause a serious
			 hardship to the Insurer or the Applicant; or
(h) the Insurer has no Authorized
			 Representative or Inspection Service either in the city or town in which the
			 Private Passenger Motor Vehicle is principally garaged, or within five miles of
			 said city or town.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.06 - Optional Waiver of Inspection Requirements

Current through Register 1525, July 5, 2024
(1)
			 An Insurer may waive an inspection of a Private Passenger Motor Vehicle under
			 any of the following circumstances:
(a) for
			 Motor Vehicle Liability Policies issued or renewed with Physical Damage
			 Coverage during the current calendar year, when the difference between the
			 current calendar year and the model year designated by the manufacturer of the
			 motor vehicle is ten years or more. For example, if the calendar year is 2002,
			 the Insurer may waive the inspection for all 1992 and older model year motor
			 vehicles. An Insurer may elect to inspect specified motor vehicles included
			 within this optional waiver. Such exceptions to this optional waiver shall be
			 subject to underwriting criteria uniformly applied, and shall be reasonable and
			 supported by objective facts. The decision to require such an inspection shall
			 not be based on the age, race, sex, marital status, creed, national origin,
			 religion, occupation, income, education, credit information or home ownership
			 of the Applicant or the customary operators of the motor vehicle, the principal
			 place where the motor vehicle is garaged, or the fact that the Motor Vehicle
			 Liability Policy has been issued through the residual market;
(b) where a Nonowned Motor Vehicle is insured
			 under a Motor Vehicle Liability Policy providing Physical Damage Coverage
			 issued by an Insurer which has inspected such motor vehicle in accordance with
			 the provisions of
			 211 CMR 94.00;
(c) where the Private Passenger Motor Vehicle
			 is insured under a commercially-rated Motor Vehicle Liability Policy;
(d) when an insurance producer is
			 transferring a Book of Business from one Insurer to one or more
			 Insurers;
(e) when an insurance
			 producer is transferring an individual Applicant's coverage from one Insurer to
			 another Insurer. The new Insurer may require the insurance producer to provide
			 the inspection information completed on behalf of the former Insurer, provided
			 the Private Passenger Motor Vehicle previously was inspected by the former
			 Insurer. If the new Insurer does not receive the inspection information 60 days
			 prior to the first policy renewal date of the Physical Damage Coverages, the
			 new Insurer may require an inspection as set forth in
			 211 CMR 94.00 prior to the
			 first policy renewal;
(f) when the
			 Private Passenger Motor Vehicle is insured for Physical Damage Coverage on the
			 Applicant's expiring or cancelled Motor Vehicle Liability Policy, providing
			 there is no lapse in coverage, or when the prior pre-insurance inspection
			 information is provided; or
(g)
			 when the Applicant has been the customer of the insurance producer of record or
			 the Insurer for at least three years under a Motor Vehicle Liability Policy
			 which included Physical Damage Coverage.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.07 - Deferral of Inspection Requirements

Current through Register 1525, July 5, 2024
(1)
			 An Insurer may defer an inspection for ten calendar days (not including legal
			 holidays and Sundays) following the effective date of coverage or the date on
			 which the Insurer or the insurance producer of record issued notice to the
			 Applicant that the Private Passenger Motor Vehicle must be inspected, whichever
			 is later, if an inspection at the time of the request for coverage would create
			 a serious inconvenience for the Applicant.
(2) If the Insurer is required, pursuant to
			 M.G.L c. 175, § 113H, to provide Physical Damage Coverage at the option of
			 the Applicant, it shall provide immediate coverage upon an Applicant's request
			 for such Physical Damage Coverage, and may defer the inspection for ten
			 calendar days (not including legal holidays and Sundays) following the
			 effective date of such coverage or the date on which the Insurer or the
			 insurance producer of record issued notice to the Applicant that the Private
			 Passenger Motor Vehicle must be inspected, whichever is later.
(3)
(a)
			 When an inspection is deferred pursuant to 211 CMR 94.07(1) or (2), an Insurer
			 or its insurance producer, shall either:
1.
			 immediately obtain written acknowledgment from the Applicant if the Applicant
			 has applied for coverage in person; or
2. immediately confirm Physical Damage
			 Coverage on the Private Passenger Motor Vehicle and issue a notice to the
			 Applicant, if the Applicant has applied for coverage either by mail, phone, or
			 internet.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.08 - Standards and Procedures for Inspection

Current through Register 1525, July 5, 2024
(1)
			 Pre-insurance inspections required or permitted pursuant to
			 211 CMR 94.00 shall be
			 conducted by an Authorized Representative of the Insurer at a time and place
			 reasonably convenient to the Applicant. A reasonably convenient time shall
			 include, in addition to customary business hours, sufficient early morning,
			 evening and weekend hours. A reasonably convenient place shall not be more than
			 five miles from the city or town where the Private Passenger Motor Vehicle is
			 principally garaged.
(2)
(a) Any forms issued by the Insurer to the
			 Applicant for presentation to the Authorized Representative shall not contain
			 the Vehicle Identification Number (VIN) of the motor vehicle to be
			 inspected.
(b) The inspection
			 shall:
1. be recorded in a format mutually
			 agreeable to the Authorized Representative and the Insurer;
2. include two color photographs of the
			 Private Passenger Motor Vehicle, taken as directed by the Insurer;
3. include a close-up color photograph (using
			 a special camera attachment if necessary) showing the Vehicle Identification
			 Number (VIN) located on the Environmental Protection Agency/Federal
			 Certification Label (EPA) sticker affixed to the driver's side door jamb. The
			 photograph shall be of sufficient clarity that the information contained on the
			 EPA sticker and the VIN is legible. If the EPA sticker is damaged, faded,
			 missing or otherwise not legible, a photograph of the EPA sticker or of the
			 area of the door jamb where the sticker normally is located still is
			 required.
(c) The
			 Authorized Representative shall take additional photographs showing any damaged
			 areas of the Private Passenger Motor Vehicle, as required by the
			 Insurer.
(d) The inspection
			 information and photographs shall be sent immediately to the Insurer which
			 shall retain this information in the Applicant's policy record for three years
			 from the date of the inspection, except as provided by 211 CMR 94.08(6)(c). The
			 Authorized Representative shall also provide a receipt to the Applicant at the
			 time of the inspection indicating that the inspection has been completed and
			 the date upon which it has been completed.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.09 - Standards for Suspension of Physical Damage Coverage for Failure to Inspect

Current through Register 1525, July 5, 2024
(1) If the inspection is not conducted prior
			 to the expiration of the deferral period specified in
			 211 CMR
			 94.07(1), Physical Damage
			 Coverage on the Private Passenger Motor Vehicle shall be suspended at 12:01
			 A.M. of the day following the tenth calendar day allowed by
			 211 CMR
			 94.07(1), and shall continue
			 until the inspection is effected. The Insurer shall reinstate Physical Damage
			 Coverage (effective at the time of the inspection) if the Applicant thereafter
			 requests an inspection. The Applicant's ability to reinstate the Physical
			 Damage Coverage upon inspection, however, shall lapse if the Insurer already
			 has made a
pro-rata
premium adjustment pursuant to 211 CMR
			 94.09(2). Thereafter, a reinstatement of Physical Damage Coverage only shall be
			 effective upon inspection and payment by the Applicant to the Insurer of the
			 adjusted premium for the Physical Damage Coverage, either in full or in
			 accordance with the Insurer's normal premium payment plan, at the Insurer's
			 option.
(2) Whenever Physical
			 Damage Coverage is suspended, the Insurer shall, within five business days from
			 the effective date of suspension, mail to the Applicant, the insurance producer
			 of record, and any lienholders a notice that Physical Damage Coverage has been
			 suspended under the Motor Vehicle Liability Policy. The Insurer shall complete
			 a Certificate of Mailing of such notice of suspension of Physical Damage
			 Coverage to the Applicant and shall include this information in the Applicant's
			 policy record. Whenever there is a suspension of Physical Damage Coverage for
			 more than ten days, the Insurer shall make a
pro-rata
premium
			 adjustment (return premium or credit) which shall be mailed to the Applicant no
			 later than 45 days after the effective date of such suspension.
(3) If the Private Passenger Motor Vehicle is
			 not inspected pursuant to
			 211 CMR 94.00 because the
			 Insurer or its insurance producer failed to provide the notice(s) or to obtain
			 the acknowledgement(s) required by
			 211 CMR
			 94.07(3), Physical Damage
			 Coverage on the Motor Vehicle Liability Policy shall not be suspended. The
			 failure of the Insurer to act promptly does not relieve it of its obligation to
			 inspect the motor vehicle. In the event that the Insurer or its insurance
			 producer fails to comply properly with the notice or acknowledgement required
			 by
			 211 CMR
			 94.07(3), the Insurer or the
			 insurance producer shall issue a notice for a pre-insurance inspection and the
			 Applicant has ten calendar days to comply. An Insurer's failure to comply with
			 the provisions of 211 CMR 94.09(2), however, does not restore Physical Damage
			 Coverage, but shall subject the Insurer to a penalty pursuant to
			 211 CMR
			 94.12.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.10 - Inspection Services

Current through Register 1525, July 5, 2024
(1) Inspection
			 Services shall maintain a record of the name, address and signature of all
			 persons authorized by such Inspection Service to perform inspections on motor
			 vehicles, prior to that person performing any inspections on behalf of an
			 Insurer pursuant to
			 211 CMR 94.00. Such record
			 shall be made available to the Division upon request.
(2) An Inspection Service shall be authorized
			 by the Insurer for which it will be conducting inspections. In determining
			 whether to authorize an Inspection Service an Insurer may take into
			 consideration the service's professionalism, efficiency and cost
			 effectiveness.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.11 - Conflicts of Interest

Current through Register 1525, July 5, 2024
An Authorized Representative shall not have any conflicts of
				interest which may prevent him or her from conducting a thorough and accurate
				pre-insurance inspection on behalf of the Insurer. It shall be a conflict of
				interest for an Authorized Representative to accept, in connection with an
				inspection, anything of value for conducting such inspection from any source
				other than the Insurer.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.12 - Enforcement

Current through Register 1525, July 5, 2024
(1) A violation of any provision of
			 211 CMR 94.00 by an Insurer
			 shall be deemed a violation under the statutes or regulations under which such
			 Insurer is licensed and shall be sufficient grounds, after hearing, for the
			 imposition of fines as prescribed in the licensing statutes or regulations. Any
			 such violation also shall be considered an unfair or deceptive act or practice
			 in the business of insurance in violation of M.G.L. c. 176D.
(2) A violation of any provision of
			 211 CMR 94.00 by an
			 Authorized Representative shall be deemed a violation under the statutes or
			 regulations under which such Authorized Representative is licensed by the
			 Division, if so licensed, and shall be sufficient grounds, after hearing, for
			 the suspension or revocation of such license and for the imposition of fines as
			 prescribed in the licensing statutes or regulations. Any such violation also
			 shall be considered an unfair or deceptive act or practice in the business of
			 insurance in violation of M.G.L. c. 176D.
(3) The competency and trustworthiness of all
			 Authorized Representatives in the conduct of inspections provided by
			 211 CMR 94.00 shall be the
			 responsibility of the Insurer.
(4)
			 Nothing contained in
			 211 CMR 94.00 shall be deemed
			 to preclude the Applicant, the Commissioner or the Attorney General from
			 pursuing any other remedy or penalty provided by law for a violation of
			 211 CMR 94.00, including any
			 remedy or penalty provided under M.G.L. c. 93A or M.G.L. c. 176D.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.13 - Records and Audits

Current through Register 1525, July 5, 2024
Insurers shall be responsible for auditing pre-insurance
				inspections received from their Authorized Representatives. Insurers may
				provide Authorized Representatives with status reports indicating the total
				number of completed inspections, including the number of inspections that were
				incomplete or incorrect, at the option of the Insurer.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 94.00 - Mandatory Pre-insurance Inspection Of Private Passenger Motor Vehicles › Section 94.14 - Severability

Current through Register 1525, July 5, 2024
If any section or portion of a section of
				211 CMR 94.00 or its
				application to any person, entity or circumstance is held invalid by any court
				of competent jurisdiction, the remainder of
				211 CMR 94.00, or the
				applicability of such provision to other persons, entities or circumstances,
				shall not be affected thereby.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.02 - Qualifications of Insurance Companies to Issue Variable Life Insurance Policies

Current through Register 1525, July 5, 2024
(1) Before any
			 insurance company can qualify to deliver or issue for delivery any variable
			 life insurance policy within the Commonwealth, the company shall obtain
			 authorization to transact life insurance business in the Commonwealth, and
			 shall submit the following information to the Commissioner for authorization to
			 transact variable life insurance business in the Commonwealth:
(a) a description of the kinds and
			 characteristics of variable life insurance policies it intends to deliver or
			 issue for delivery;
(b) a
			 description of the proposed method of operating the separate account or
			 accounts established or to be established with respect to such variable life
			 insurance policies, including a statement that the company's administrative and
			 data processing systems are adequate to support the administration and
			 valuation of such variable life insurance and, in particular, specifying the
			 maximum book of business and monthly volume of variable life insurance business
			 which those systems are capable of sustaining;
(c) biographical data with respect to the
			 officers and directors of the insurer, the members of the committee, board or
			 other similar body of the separate account, and if requested by the
			 Commissioner, any parent, subsidiary, affiliated company or other company under
			 common control therewith;
(d) with
			 respect to a foreign or alien insurer:
1. a
			 copy of any license, certificate or other written evidence of authority to
			 transact variable life insurance issued by its state of domicile; and
2. if requested by the Commissioner, a copy
			 of the statutes and regulations of its state of domicile under which the
			 insurer is authorized to issue such variable life insurance policies;
the state of entry of an alien insurer being deemed its state
				of domicile for these purposes;
(e) a copy of the insurer's most recent
			 annual statement of the business of its separate account or accounts in such
			 form as may be prescribed by the Commissioner;
(f) a general description of the methods of
			 operation of the variable life insurance business of the insurer, including
			 methods of distribution of policies and the names of those persons or firms
			 proposed to supply consulting, investment, administrative, custodial or
			 distribution services to the insurer;
(g) a description of any investment advisory
			 services contemplated, which shall include a demonstration of the insurer's
			 compliance with
			 211 CMR 95.04;
			 and
(h) such further information as
			 the Commissioner may require.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.05 - Charges Against a Separate Account

Current through Register 1525, July 5, 2024
(1) An insurer
			 must clearly disclose in writing, at the time of solicitation or
			 contemporaneously with delivery of the policy, all charges that may be made
			 against the separate account.
(2)
			 An insurer may deduct only the following from the separate account:
(a) taxes or reserves for taxes attributable
			 to investment gains and income of the separate account as required by
			 applicable state or federal law;
(b) actual cost of reasonable brokerage fees
			 and similar reasonable direct acquisition and sales costs incurred in the
			 purchase or sale of separate account assets;
(c) actuarially determined mortality costs of
			 insurance (tabular costs) and the release of separate account
			 liabilities;
(d) reasonable charges
			 for administrative expenses and investment management expenses, including
			 internal costs attributable to the investment management of assets of the
			 separate account;
(e) a reasonable
			 charge, at a rate specified in the policy, for mortality and expense
			 guarantees;
(f) any amounts in
			 excess of those required to be held in the separate account;
(g) charges for incidental insurance
			 benefits; and
(h) any other type of
			 charge that the Commissioner has determined to be fair and
			 reasonable.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.06 - Filing and Approval of Variable Life Insurance Policies

Current through Register 1525, July 5, 2024
(1) Before any insurance company can deliver
			 or issue for delivery any variable life insurance policy within the
			 Commonwealth, the policy must be filed with, and approved by, the
			 Commissioner.
(2) Each filing for
			 approval of a variable life insurance policy form shall include an actuarial
			 memorandum, prepared and certified by a qualified actuary, in such form as may
			 be prescribed by the Commissioner, which contains a description of the
			 company's methodology(ies) used to determine reserve liabilities for any
			 guaranteed death benefits and other contingencies, including the mortality,
			 expenses and other risks which the insurer will bear under the
			 policy.
(3) Except as otherwise
			 provided by the Commissioner, the filing and approval requirements applicable
			 to individual general account life insurance policies shall be applicable to
			 individual variable life insurance policies, to the extent consistent with
			 211 CMR
			 95.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.08 - Insurance Policy Requirements - Mandatory Policy Provisions

Current through Register 1525, July 5, 2024
No variable life insurance policy shall be delivered or issued
				for delivery in the Commonwealth unless it conforms in substance to the
				following provisions, or provisions more favorable to the holder of such
				policies:
(1) A cover page or pages
			 containing:
(a) a prominent statement, in
			 either contrasting color or in boldface type, that the premium is flexible or
			 fixed and that the amount or duration of the death benefit may be variable or
			 fixed under specified conditions and may increase or decrease;
(b) for scheduled premium policies, a
			 prominent statement, in either contrasting color or in boldface type, that a
			 premium at a guaranteed rate is necessary to sustain the policy in force to
			 policy maturity;
(c) a prominent
			 statement, in either contrasting color or in boldface type, that cash values
			 may increase or decrease in accordance with the experience of the separate
			 account subject to any specified minimum guarantees;
(d) a statement describing any minimum death
			 benefit required pursuant to
			 211 CMR
			 95.07(3)  or provided in the
			 policy;
(e) for flexible premium
			 policies which do not have a guaranteed death benefit until the maturity date
			 of the policy, a prominent statement, in either contrasting color or in
			 boldface type, explaining that the applicant could lose his or her entire
			 investment, depending on the performance of the fund, and that as a result
			 there could be no death benefit absent additional payments made to keep the
			 policy in force;
(f) the method for
			 determining the amount of insurance payable at death, or a reference to the
			 policy provision which describes the method;
(g) a captioned provision which provides that
			 the policyholder may return the variable life insurance policy to the insurer
			 or insurance producer thereof from whom it was purchased within ten days of
			 receipt of the policy and receive a refund of all premium payments for such
			 policy; and
(h) such other items as
			 are currently required for general account life insurance policies and which
			 are not inconsistent with
			 211 CMR
			 95.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.09 - Insurance Policy Requirements - Optional Policy Provisions

Current through Register 1525, July 5, 2024
The following provisions may in substance be included in a
				variable life insurance policy or related form delivered or issued for delivery
				in the Commonwealth:
(1) A provision
			 that the amount of any dividend:
(a) may be
			 applied to provide paid-up amounts of additional general account or variable
			 life insurance;
(b) may be
			 deposited in the general account at a stated minimum rate of interest allowed
			 by the company;
(c) may be applied
			 to provide paid-up amounts of general account or variable one-year term
			 insurance;
(d) may be paid in
			 cash;
(e) may be applied in
			 reduction of premiums;
(f) may be
			 deposited as a variable deposit in the separate account.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.11 - Information Furnished to Applicants

Current through Register 1525, July 5, 2024
(1)
			 At or before the execution of any application for a variable life insurance
			 policy, the insurer shall give the applicant the following information:
(a) a summary explanation, in non-technical
			 terms, of the principal features of the policy, including a description of the
			 manner in which the variable benefits will reflect the investment experience of
			 the separate account and the factors which affect such variation. Such
			 explanation must include a notice of the provisions required by
			 211 CMR
			 95.08(1)(g)  and
			 95.08(9).
			 This summary shall also include:
1. a
			 prominent statement that the premium is flexible or fixed, and that the amount
			 or duration of the death benefit may be variable or fixed under specified
			 conditions and may increase or decrease;
2. for scheduled premium policies, a
			 prominent statement that a premium at a guaranteed rate is necessary to sustain
			 the policy in force to policy maturity;
3. a prominent statement that cash values may
			 increase or decrease in accordance with the experience of the separate account
			 (subject to any specified minimum guarantees);
4. a prominent statement that in the case of
			 a variable endowment policy the amount of the endowment payable at maturity is
			 not guaranteed but is dependent upon then cash value at maturity (subject to
			 any specified minimum guarantees); and
5. for flexible premium policies which do not
			 have a guaranteed death benefit until the maturity date of the policy, a
			 prominent statement explaining that the applicant could lose his or her entire
			 investment, depending on the performance of the fund, and that as a result
			 there could be no death benefit absent additional payments made to keep the
			 policy in force;
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 95.00 - Variable Life Insurance › Section 95.12 - Applications

Current through Register 1525, July 5, 2024
The application for a variable life insurance policy shall
				contain:
(1) a prominent statement
			 that the death benefit may be variable or fixed under specified
			 conditions;
(2) a prominent
			 statement that cash values may increase or decrease, even to the extent of
			 being reduced to zero, in accordance with the experience of the separate
			 account (subject to any specified minimum guarantees);
(3) for an application for a variable
			 endowment policy, a prominent statement that the amount of the endowment
			 payable at maturity is not guaranteed but is dependent upon the then cash
			 surrender value and may in fact be reduced to zero (subject to any specified
			 minimum guarantees);
(4) questions
			 designed to elicit sufficient information to enable the insurer or agent to
			 determine the suitability of variable life insurance for the
			 applicant;
(5) a notice that
			 illustrations of benefits conforming to the requirements of
			 211 CMR
			 95.11(1)(i), including death
			 benefits and cash surrender values, are available upon request; and
(6) any other application provisions required
			 for use in connection with general account life insurance policies and which
			 are not inconsistent with
			 211 CMR
			 95.00.