Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 131.00 - Requirements Applicable To Insurance On Liability For Injury From Exposure To Dangerous Levels Of Lead In Dwelling Units › Section 131.13 - Disclosure Forms

Current through Register 1525, July 5, 2024
(1) Insurers shall
			 provide to insureds or prospective insureds disclosure notices summarizing the
			 coverage which they provide or make available for lead poisoning liability
			 insurance with respect to all policies issued or renewed. Such notices shall
			 indicate:
(a) whether the policy is intended
			 to exclude coverage for injury or damage which results from exposure to
			 dangerous levels of lead in dwelling units;
(b) that such exclusions may not be applied
			 to premises to which a letter of compliance or letter of interim control is in
			 effect;
(c) that buyback coverage
			 is available for an additional charge in the event that the insurer intends to
			 apply such an exclusion to premises for which no letter of compliance or letter
			 of interim control is in effect;
(d) that buyback coverage elected within 30
			 days of receipt of an offer of such coverage will be deemed effective on the
			 inception date of the policy, and that buyback coverage elected after 30 days
			 of receipt of an offer will be effective on the date of the request by the
			 insured, unless otherwise agreed by the insured and the insurer;
(e) that if the owner of residential premises
			 brings his or her premises into compliance during the term of the policy as
			 stated in
			 211
			 CMR 131.05, coverage will be added for lead
			 poisoning liability arising from exposure which occurs on and after the date
			 the added coverage is effective;
(f) that if a new owner brings his or her
			 premises into compliance in the manner indicated in
			 211 CMR
			 131.06, the new owner shall be provided
			 coverage back to the date he or she took title, or from the effective date of
			 the policy, if the owner did not obtain insurance until after the date of
			 taking title;
(g) that, for an
			 insured to qualify for coverage provided in accordance with
			 211
			 CMR 131.04,
			 131.05
			 and
			 131.06,
			 an insurer may require an insured to provide a copy of any letter of compliance
			 or interim control that is in effect with respect to any premises or portion of
			 premises for which such insurance is sought;
(h) that lead poisoning liability coverage
			 provided in accordance with
			 211
			 CMR 131.04,
			 131.05
			 and
			 131.06
			 shall be provided to any dwelling unit for which a letter of interim control or
			 letter of compliance is in effect, regardless of whether such letters are in
			 effect with respect to other units in the same building;
(i) that, when lead poisoning liability
			 coverage is provided in accordance with
			 211
			 CMR 131.04, and
			 131.06
			 on any unit or portion of premises for which a letter of compliance or letter
			 of interim control is in effect, such coverage will apply only to lead
			 poisoning liability claims arising from the portion of the premises covered by
			 such a letter; and
(j) the limits
			 of the lead poisoning liability coverage being provided or offered.