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Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.02 - Authority

Current through Register 1525, July 5, 2024
211 CMR 133.00 is
				promulgated pursuant to the authority granted to the Commissioner of Insurance
				by M.G.L. c. 175, §§ 3A, 4 and 113B, c. 90, §34O, and c. 176D,
				§11.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.03 - Definitions

Current through Register 1525, July 5, 2024
Appraisa
l - a written motor vehicle
				damage report as defined in M.G.L. c. 26, §8G and in compliance with the
				provisions of M.G.L. c. 93A, c. 100A, c. 90, §34R, c. 26, §8G and
				212 CMR 2.00.
Appraiser
- means any person licensed
				by the Auto Damage Appraiser Licensing Board to evaluate motor vehicle damage
				and determine the cost of parts and labor required to repair the motor vehicle
				damage.
Claimant
- means any person making a
				claim for damage to a motor vehicle for either first or third party
				damages.
Intensified Appraisal
- means the
				combination of the appraisal of a motor vehicle before its repair and the
				reinspection of the vehicle subsequent to its repair.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.04 - Determination of Damage and Cost of Repair

Current through Register 1525, July 5, 2024
(1)
			 Appraisers shall specify that damaged parts be repaired rather than replaced
			 unless: the part is damaged beyond repair, or the cost of repair exceeds the
			 cost of replacement with a part of like kind and quality, or the operational
			 safety of the vehicle might otherwise be impaired. When it is determined that a
			 part must be replaced, a rebuilt, aftermarket or used part of like kind and
			 quality shall be used in the appraisal unless:
(a) the operational safety of the vehicle
			 might otherwise be impaired;
(b)
			 reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket
			 or used part have been unsuccessful;
(c) a new originale quipment part of like
			 kind and quality is available and will result in the lowest overall repair
			 cost;
(d) for vehicles insured
			 under policies written on or before December 31, 2003, the vehicle has been
			 used no more than 15,000 miles unless the pre-accident condition warrants
			 otherwise; or.
(e) for vehicles
			 insured under policies written or renewed on or after January 1, 2004, the
			 vehicle has been used no more than 20,000 miles unless the pre-accident
			 condition warrants otherwise.
A part is of like kind and quality when it is of equal or
				better condition than the pre-accident part.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.05 - Determination of Values

Current through Register 1525, July 5, 2024
(1)
Actual Cash Value
. Whenever the appraised cost of
			 repair plus the probable salvage value may be reasonably expected to exceed the
			 actual cash value of the vehicle, the insurer shall determine the vehicle's
			 actual cash value. This determination shall be based on a consideration of all
			 the following factors:
(a) the retail book
			 value for a motor vehicle of like kind and quality, but for the damage
			 incurred;
(b) the price paid for
			 the vehicle plus the value of prior improvements to the motor vehicle at the
			 time of the accident, less appropriate depreciation;
(c) the decrease in value of the motor
			 vehicle resulting from prior unrelated damage which is detected by the
			 appraiser; and
(d) the actual cost
			 of purchase of an available motor vehicle of like kind and quality but for the
			 damage sustained.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.06 - Option for Contract Repair

Current through Register 1525, July 5, 2024
(1) With
			 respect to a claim presented under either Limited Collision, Collision or
			 Comprehensive Coverage, if the insurer deems a motor vehicle a total loss, the
			 claimant may, with the consent of the insurer, enter into an agreement to have
			 the vehicle repaired by any registered repair shop for the contracted cost of
			 repair if:
(a) the insurer allows the
			 claimant to retain possession and ownership of the vehicle; and
(b) the claimant obtains a salvage title for
			 said vehicle in compliance with M.G.L. c. 90D.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.07 - Intensified Appraisals

Current through Register 1525, July 5, 2024
An insurer shall have licensed appraisers conduct intensified
				appraisals of at least 25% of all damaged motor vehicles for which the
				appraised cost of repair is less than $4,000.00 and at least 75% of all damaged
				vehicles for which the appraised cost of repair is more than $4,000.00 for
				Collision, Limited Collision and Comprehensive claims.
The appraiser shall determine whether the repairs were made in
				accordance with the initial appraisal and any supplements. The information
				compiled during the intensified appraisal shall be set forth on a form
				acceptable to the Auto Damage Appraiser Licensing Board and the Division of
				Insurance. A copy of an intensified appraisal shall be given to the insurer,
				and, upon request, to the person making the repairs or the
				claimant.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.08 - Penalties

Current through Register 1525, July 5, 2024
A violation of any provision of
				211 CMR 133.00 shall be
				considered to be an unfair or deceptive act or practice, in violation of M.G.L.
				c. 176D.
An alleged violation of
				211 CMR 133.00 by a licensed
				auto damage appraiser may be reported to and penalized by the Auto Damage
				Appraisers Licensing Board in accordance with its governing statute and 212
				CMR.
Nothing herein shall be deemed to preclude the claimant or
				policyholder, the Commissioner, the Attorney General or the Director of the
				Division of Standards from pursuing any other remedy or penalty provided by law
				including any remedy provided under M.G.L. c. 93A or M.G.L. c. 100A.
An insurer or repair shop shall be responsible for the actions
				of all of its appraisers whether staff or independent, and shall be subject to
				the applicable penalties under law for any violation of
				211 CMR 133.00 or
				212 CMR
				2.00.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 133.00 - Standards For The Repair Of Damaged Motor Vehicles › Section 133.09 - Severability

Current through Register 1525, July 5, 2024
If any provision contained herein is found to be
				unconstitutional or invalid by a Court of competent jurisdiction, the validity
				of the remaining provisions will not be so affected.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.01 - Purpose, Scope and Responsibility

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. All Insurers issuing Private
			 Passenger Motor Vehicle insurance Policies shall comply with
			 211 CMR 134.00. The purpose
			 of
			 211 CMR 134.00 is to define
			 the surcharges and credits that apply in the Safe Driver Insurance Plan
			 required during Fixed-and-established Markets, and to provide for the
			 continuous, timely, accurate and uniform collection and exchange of Private
			 Passenger Motor Vehicle insurance claim and traffic law violation data during
			 Fixed-and-established and Competitive Markets to facilitate the operation of
			 the SDIP or Insurer Merit Rating Plans.
(2)
Responsibilities of the Merit
			 Rating Board
. The Merit Rating Board shall collect and report
			 Private Passenger Motor Vehicle insurance claim and traffic law violation data
			 and respond to insurance company requests for such information.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.03 - Relevant Vehicles, Policies, Accidents, Traffic Law Violations and Claims

Current through Register 1525, July 5, 2024
The provisions of 211 CMR 134.03 shall apply in both
				Fixed-and-established and Competitive Markets.
(1)
Vehicles
. Any
			 Private Passenger Motor Vehicle that is rated in accordance with a Private
			 Passenger Motor Vehicle insurance manual shall be a vehicle subject to
			 211 CMR 134.00.
(2)
Policies
. Any
			 Policy meeting the definition in
			 211 CMR 134.02 that
			 provides the mandatory liability coverages (Property Damage Liability Coverage,
			 Bodily Injury to Others Coverage, Personal Injury Protection Coverage) and/or
			 Collision Coverage for one or more vehicles subject to
			 211 CMR 134.00 shall be a
			 Policy subject to
			 211 CMR 134.00.
(3)
Accidents
. Any
			 At-fault Accident shall be an accident subject to
			 211 CMR 134.00 if it:
(a) occurs before July 1, 2015 and results in
			 a Collision, Limited Collision, or Property Damage Liability claim payment of
			 more than $500 in excess of any applicable deductible for damage to or caused
			 by a vehicle subject to
			 211 CMR 134.00;
(b) occurs on or after July 1, 2015 and
			 results in a Collision, Limited Collision, or Property Damage Liability claim
			 payment of more than $1,000 in excess of any applicable deductible for damage
			 to or caused by a vehicle subject to
			 211 CMR 134.00;
(c) occurs before July 1, 2015, is caused by
			 a vehicle subject to
			 211 CMR 134.00, and results
			 in a Bodily Injury Liability only claim payment of more than $500;
(d) occurs on or after July 1, 2015, is
			 caused by a vehicle subject to
			 211 CMR 134.00, and results
			 in a Bodily Injury Liability only claim payment of more than $1,000.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.05 - Notification of a Claim under Comprehensive Coverage or Personal Injury Protection Coverage

Current through Register 1525, July 5, 2024
All Insurers shall report to the Merit Rating Board claims
				under Comprehensive Coverage and Personal Injury Protection Coverage in
				accordance with the MRB Manual(s) in the following circumstances during
				Fixed-and-established and Competitive Markets:
(1)
Claims under Comprehensive
			 Coverage
. Within 30 working days of the payment of any
			 Comprehensive Coverage claim for a vehicle subject to
			 211 CMR 134.00, the Insurer
			 shall notify the Merit Rating Board in the manner specified in the MRB
			 Manual(s).
(2)
Claims
			 under Personal Injury Protection Coverage
. Within 30 working days
			 of the final payment of any Personal Injury Protection Coverage claim under the
			 Policy for the vehicle involved in the accident and providing coverage to the
			 operator, occupants or pedestrians for a vehicle subject to
			 211 CMR 134.00, where the
			 Involved Operator is more than 50% at fault for the accident, the Insurer shall
			 notify the Merit Rating Board in the manner specified in the MRB Manual(s). For
			 the purposes of 211 CMR 134.05(2), an at fault Personal Injury Protection
			 Coverage claim paid under the Policy for the vehicle involved in the accident
			 and providing coverage to the operator, occupants or pedestrians shall be any
			 claim made following a single vehicle At-fault Accident or a multiple vehicle
			 At-fault Accident.
(3)
Form of Notice to the Merit Rating Board
. The Merit
			 Rating Board shall specify in the MRB Manual(s) the form of the Comprehensive
			 Coverage claim notice and the Personal Injury Protection Coverage claim notice,
			 the manner of completing said notices, and the timing of the submission of said
			 notices to the Merit Rating Board.
(4)
Failure to
			 Submit
. Failure to accurately complete and submit, within the
			 specified time, the Comprehensive Coverage claim notice or the Personal Injury
			 Protection Coverage claim notice required by 211 CMR 134.05(3) to the Merit
			 Rating Board may subject the Insurer to the penalty set forth in
			 211 CMR
			 134.16.
(5)
Correction of Claim
			 Notices
. Failure to correct and return a Comprehensive Coverage
			 claim notice or a Personal Injury Protection Coverage claim notice found to be
			 in error in the manner specified in the MRB Manual(s) may subject the Insurer
			 to the penalty set forth in
			 211 CMR
			 134.16.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.06 - Notice Following Traffic Law Violations

Current through Register 1525, July 5, 2024
The provisions of
				211
				CMR 134.03 shall apply in both
				Fixed-and-established and Competitive Markets.
(1)
No Notice by Insurer or Merit
			 Rating Board
. Citation for any traffic law violation subject to
			 211 CMR 134.00 shall serve
			 as sufficient notice to the Involved Operator that premium adjustments may be
			 applied. There shall be no right of appeal to the Board of Appeal pursuant to
			 M.G.L. c. 175, § 113P or M.G.L. c. 175E, § 7A.
(2)
Notice on
			 Citation
. The Merit Rating Board shall take reasonable steps to
			 ensure that each citation issued for a traffic law violation informs the
			 Involved Operator that election of any of the alternatives afforded by M.G.L.
			 c. 90C may result in an adjustment of premium.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.07 - Operator Information

Current through Register 1525, July 5, 2024
(1)
Collection of Operator Information
. Prior to
			 requesting SDIP Information or Merit Rating Information for any Policy subject
			 to
			 211 CMR 134.00, an Insurer
			 shall obtain, from the Policyholder, Operator Information for the Policyholder
			 and for any Listed Operator covered by the Policy. Each Insurer shall require
			 its Policyholders to indicate whether a Listed Operator also is the
			 Policyholder of or listed as an operator on any other Policy subject to
			 211 CMR 134.00.
(2)
Correction of Operator
			 Information
. Following the rejection by the Merit Rating Board of
			 a request for SDIP Information or Merit Rating Information because of incorrect
			 Operator Information, the Insurer must correct the Operator Information in the
			 manner specified in the MRB Manual(s).
(3)
Penalties
.
			 Failure to collect or correct Operator Information in accordance with 211 CMR
			 134.07(1) and (2) and applicable portions of the MRB Manual(s) may subject the
			 Insurer to the penalty set forth in
			 211 CMR
			 134.16.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.08 - Acquisition of SDIP Information or Merit Rating Information from the Merit Rating Board

Current through Register 1525, July 5, 2024
(1) Insurers shall
			 acquire SDIP Information from the Merit Rating Board, as set forth in 211 CMR
			 134.08(2) through 211 CMR 134.08(6), during Fixed-and-established Markets.
			 Insurers may acquire Merit Rating Information from the Merit Rating Board at
			 any time, at the discretion of the Insurer, during Competitive Markets.
			 Insurers are not required to obtain Merit Rating Information from the Merit
			 Rating Board for calculating Private Passenger Motor Vehicle insurance premiums
			 pursuant to a Merit Rating Plan filed by the Insurer for use in a Competitive
			 Market.
(2)
Initial
			 Inquiries
.
(a)
New
			 Policies
. Insurers shall acquire SDIP Information for a new Policy
			 subject to
			 211 CMR 134.00 from the
			 Merit Rating Board no earlier than 45 days before the first day of the month of
			 the effective date of the Policy and no later than 15 days after the date the
			 Policy is issued. The inquiry shall be made in the manner prescribed in the MRB
			 Manual(s).
(b)
Renewal
			 Policies
. Insurers shall acquire SDIP Information for a renewal
			 Policy subject to
			 211 CMR 134.00 from the
			 Merit Rating Board no earlier than 75 days before the first day of the month of
			 the effective date of the Policy and prior to issuing the Policy. The inquiry
			 shall be made in the manner prescribed in the MRB Manual(s).
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.09 - Posting of At-fault Accidents, Traffic Law Violations and Claims

Current through Register 1525, July 5, 2024
(1)
Posting of At-fault
			 Accidents
. Upon receipt of a Surcharge Notice or Notice of
			 At-fault Accident Determination sent by an Insurer in accordance with
			 211 CMR
			 134.04, the Merit Rating Board shall post the
			 At-fault Accident to the account of the Involved Operator.
(2)
Posting of Traffic Law
			 Violations
. Upon receipt of a citation for a traffic law violation
			 which is listed on the schedule of violations posted on the Division's website
			 at
www.mass.gov/doi
and for which payment
			 has been made pursuant to M.G.L. c. 90C, or for which payment is legally in
			 default, or for which the court either has found the Involved Operator guilty
			 or responsible, or has assigned the operator to an alcohol education program or
			 controlled substance abuse treatment or rehabilitation program, the Merit
			 Rating Board shall post the traffic law violation to the account of the
			 Involved Operator, unless the violation was deemed to be an owner violation, in
			 which case the Merit Rating Board shall post the traffic law violation to the
			 account of the owner of the vehicle.
(3)
Determination of the Incident
			 Type
. When posting an At-fault Accident claim or traffic law
			 violation to the account of an Involved Operator or a Policyholder, the Merit
			 Rating Board shall assign it an incident type.
(a)
Major Accident
.
			 For accidents occurring before July 1, 2015, an At-fault Accident wherein the
			 claim payment under either:
1. Property
			 Damage Liability Coverage;
2.
			 Collision Coverage;
3. Limited
			 Collision Coverage; or
4. Bodily
			 Injury Liability Coverage if there is neither a surchargeable Property Damage
			 Liability Coverage claim nor a surchargeable Collision Coverage claim pursuant
			 to 211 CMR 134.09(3)(a)1. or 2. as a result of the incident with the Bodily
			 Injury Liability Coverage claim;
exclusive of any deductible, exceeds $2,000.
For accidents occurring on or after July 1, 2015, a Major
				Accident is an At-fault Accident wherein the claim payment under the coverages
				listed in 211 CMR 134.09(3)(a), exclusive of any deductible, exceeds
				$5,000.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.10 - Computation of Safe Driver Insurance Plan Surcharges and Credits

Current through Register 1525, July 5, 2024
(1)211 CMR 134.10(2) through 211 CMR
			 134.10(8) shall be required only for Policies issued during a
			 Fixed-and-established Market.
(2)
Information Used for Computation
. For Policies Subject
			 to the Safe Driver Insurance Plan. In response to a request from an Insurer for
			 SDIP Information for a Policy subject to
			 211 CMR 134.00, the Insurer
			 shall use the total number of Surcharge Points or Credit Code for each Listed
			 Operator as reported by the Merit Rating Board to calculate the applicable
			 operator surcharge factor or operator credit factor in accordance with 211 CMR
			 134.10(3). The Insurer shall use the resulting factor to adjust the
			 Policyholder's premium accordingly.
(3)
Operator Surcharge Factor or
			 Operator Credit Factor
. For Policies subject to the Safe Driver
			 Insurance Plan, each Listed Operator shall be assigned an operator surcharge
			 factor or an operator credit factor based on the operator's driving history
			 record. The surcharge factor is equal to one plus the product of the total
			 number of SDIP Surcharge Points, calculated pursuant to 211 CMR 134.10(4)(a),
			 and the Surcharge Percentage. The credit factor is equal to one minus either
			 the Excellent Driver Discount or the Excellent Driver Discount Plus, as
			 applicable.
(4)
Calculation of Total Operator SDIP Points
.
(a)
For Policies Subject to the
			 Safe Driver Insurance Plan
.
1.
			 When the Incident-free Period is less than or equal to three, the total number
			 of Surcharge Points applicable to the operator shall be the sum of the
			 Surcharge Points identified for each Surchargeable Incident in the Policy
			 Experience Period.
2. When the
			 Incident-free Period is greater than three, and the total number of
			 Surchargeable Incidents in the most recent five years of the Policy Experience
			 Period is three or less, the Surcharge Points applicable to each incident shall
			 be reduced by one and the total number of Surcharge Points applicable to the
			 operator shall be the sum of those reduced Surcharge Points. In no event shall
			 the Surcharge Points for any single incident be reduced below zero.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.11 - Application of Safe Driver Insurance Plan or Merit Rating Plan

Current through Register 1525, July 5, 2024
(1)211 CMR 134.11(2) through 211 CMR
			 134.11(5) shall be required only for Policies issued during a
			 Fixed-and-established Market. 211 CMR 134.11(6) through 211 CMR 134.11(8) apply
			 in both Fixed-and-established and Competitive Markets.
(2)
Policy Issuance
.
			 No Policy subject to
			 211 CMR 134.00 shall be
			 issued without SDIP Information, except as approved by the Commissioner, and as
			 specified in the MRB Manual(s).
(3)
Coverage Selections Page
. Each Insurer shall assure
			 that the first Coverage Selections Page sent to a Policyholder shows the total
			 premium, correctly adjusted for the operator credit factor or operator
			 surcharge factor, as applicable, unless an explicit provision of the MRB
			 Manual(s) allows, or the Insurer has requested, and has received from the
			 Commissioner, in writing, a waiver that allows the Insurer to display the total
			 premium adjustment amount for the Policy either on a replacement Coverage
			 Selections Page or on an invoice for the Policy, in
lieu
of
			 displaying it on the initial Coverage Selections Page, as required by 211 CMR
			 134.11(3).
(4)
Safe
			 Driver Insurance Plan (SDIP) Statement
. For Policies subject to
			 the SDIP during Fixed-and-established Markets, each Insurer shall assure that
			 each Policyholder not eligible for the Excellent Driver Discount Plus receives
			 a SDIP Statement, which includes an itemization on a form approved by the
			 Commissioner of the total number of operator SDIP points assigned to each
			 Listed Operator. The SDIP Statement and the method of mailing the SDIP
			 Statement to the Policyholder shall conform to the requirements specified in
			 the MRB Manual(s).
(5)
Assignment of Operators to Policies
. For Policies
			 subject to the Safe Driver Insurance Plan, the process for assigning operators
			 to vehicles shall be consistent with the rules prescribed in the
Private Passenger Motor Vehicle Insurance Manual
from which
			 the premium is generated.
(6)
Refunds
.
(a)
For Policies Subject to Merit Rating Plans during Competitive
			 Markets
. Whenever responsibility for an At-fault Accident or a
			 traffic law violation of an Involved Operator is reversed by a court of
			 competent jurisdiction or the Board of Appeal for an incident previously
			 reported and billed, Insurers shall re-rate Policies to exclude the effect of
			 such incident in the calculation of Private Passenger Motor Vehicle insurance
			 premiums.
(b)
For
			 Policies Subject to the Safe Driver Insurance Plan during Fixed-and-established
			 Markets
. Whenever the number of SDIP points is decreased by reason
			 of a reversal by the Superior Court or the Board of Appeal of an incident
			 previously reported and billed, Insurers shall re-rate policies to exclude the
			 effect of such accident in the calculation of Private Passenger Motor Vehicle
			 insurance premiums.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.12 - Reporting of Information

Current through Register 1525, July 5, 2024
Insurers shall submit to the Commissioner, to the Merit Rating
				Board or to the Designated Statistical Agent, such records, statistics, or
				other compilations of data pertaining to Merit Rating Plans including, but not
				limited to, the Safe Driver Insurance Plan, as the Commissioner or the Merit
				Rating Board may require, in both Fixed-and-established and Competitive
				Markets. The Commissioner shall prescribe the form of such submissions. The
				Designated Statistical Agent shall send to the Merit Rating Board copies of
				statistical records and copies of any statistical records forwarded to the
				Automobile Insurers Bureau of Massachusetts for all policies subject to
				211 CMR 134.00, as directed
				by the Commissioner.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.13 - Schedule of Surcharge Points

Current through Register 1525, July 5, 2024
(1) During
			 Fixed-and-established Markets, Surcharge Points will be assigned for each
			 Surchargeable Incident of the type described in 211 CMR 134.13(2) through (6).
			 During a Competitive Market, an Insurer may adopt a Merit Rating Plan with a
			 different system for adjusting premiums for At-fault Accidents and traffic law
			 violations than the point system set forth in 211 CMR 134.13(2) through
			 (6).
(2)
Major
			 Accident
. Four Surcharge Points shall be assigned to each major
			 accident, as defined in
			 211
			 CMR 134.09(3)(a), that is
			 within the Experience Period of the Policy.
(3)
Minor Accident
.
			 Three Surcharge Points shall be assigned to each minor accident, as defined in
			 211
			 CMR 134.09(3)(b), that is
			 within the Experience Period of the Policy.
(4)
Major Traffic Law
			 Violation
. Five Surcharge Points shall be assigned to each major
			 traffic law violation, as defined in
			 211
			 CMR 134.09(3)(c), that is
			 within the Experience Period of the Policy.
(5)
Minor Traffic Law
			 Violation
. Two Surcharge Points shall be assigned to each minor
			 traffic law violation, as defined in
			 211
			 CMR 134.09(3)(d), that is
			 within the Experience Period of the Policy. No Surcharge Points shall be
			 assigned to a minor traffic law violation which is the first traffic law
			 violation, as determined by Surcharge Date, within the Policy Experience Period
			 if the disposition of the violation was non-criminal under M.G.L. c.
			 90C.
(6)
Comprehensive
			 Coverage Claims
. Surcharge Points for Comprehensive Coverage
			 claims may be assigned to policies affording Comprehensive Coverage; however,
			 no points may be assigned unless four or more Comprehensive Coverage claims
			 totaling $2,000 or more have occurred. In establishing the four or more
			 Comprehensive Coverage claims totaling $2,000 or more, claims for damages
			 caused by acts of God shall be excluded.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.14 - Merit Rating Board Liaison

Current through Register 1525, July 5, 2024
(1)
Designation
. Each Insurer with one or more Policies
			 subject to
			 211 CMR 134.00 shall
			 designate an employee as its Merit Rating Board liaison and shall notify the
			 Commissioner and the Merit Rating Board in writing of its designation in the
			 manner prescribed in the MRB Manual(s). Within ten working days of the
			 reassignment of a Merit Rating Board liaison, an Insurer shall replace or
			 re-designate its Merit Rating Board liaison and notify the Commissioner and the
			 Merit Rating Board in writing of the replacement or re-designation.
(2)
Information
.
			 Each Insurer shall be responsible for ensuring that its Merit Rating Board
			 Liaison becomes and remains informed of the provisions of
			 211 CMR 134.00 and of the
			 MRB Manual(s).
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.15 - MRB Manual(s) of Administrative Procedures

Current through Register 1525, July 5, 2024
The Merit Rating Board shall prepare and distribute, with the
				assistance of the Merit Rating Board Liaisons designated pursuant to
				211 CMR
				134.14 and the Commissioner, manual(s)
				setting forth the administrative rules to be followed by all Insurers in
				implementing the provisions of
				211 CMR 134.00. Copies of
				any new MRB Manual(s) or any proposed amendment to the MRB Manual(s) prepared
				in accordance with 211 CMR 134.15 shall be provided to each Merit Rating Board
				Liaison and to any other interested party.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.16 - Penalties

Current through Register 1525, July 5, 2024
(1) Any Insurer or person violating
			 211 CMR 134.00 shall be
			 subject to a fine of not more than $500 for each violation in accordance with
			 M.G.L. c. 175, § 194.
(2) Any
			 Insurer or person who disseminates or uses SDIP Information or Merit Rating
			 Information from the Merit Rating Board for any purpose other than for motor
			 vehicle insurance purposes or criminal law enforcement purposes shall be
			 subject to a fine of not more than $1,000 for each offense or by imprisonment
			 for not more than one year, or both, in accordance with M.G.L. c. 6C, §
			 57A(b).
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans › Section 134.17 - Severability

Current through Register 1525, July 5, 2024
If any section or portion of a section of
				211 CMR 134.00, or its
				application to any person, entity or circumstance is held invalid by any court,
				the remainder of
				211 CMR 134.00 or the
				application 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 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.01 - Authority

Current through Register 1525, July 5, 2024
211 CMR 135.00 is issued
				under the authority of M.G.L. c. 175, § 113X and St. 2012, c. 208, §
				23.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.02 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose of
				211 CMR 135.00 is to
				establish parameters for the referral of insureds to registered motor vehicle
				glass repair shops.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.03 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
means the Commissioner of
				Insurance.
Motor Vehicle Glass Repair
means the
				business or act of repairing or replacing damaged or undamaged glass in motor
				vehicles for compensation.
Motor Vehicle Glass Repair Shop
means
				a person or entity which, for compensation or with the intention or expectation
				of receiving the same, repairs or replaces or undertakes to repair or replace
				motor vehicle glass.
Person
means an individual,
				association, partnership or corporation and the officers, directors and
				employees of a corporation.
Registered Motor Vehicle Glass Repair
				Shop
means a motor vehicle glass repair shop which has a current
				valid certificate of registration for motor vehicle glass repair issued under
				M.G.L. c. 100A.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.04 - Prohibited Practices

Current through Register 1525, July 5, 2024
(1) When a motor
			 vehicle glass repair is to be performed within the commonwealth and is covered
			 in whole or in part by motor vehicle liability insurance, the insurer,
			 producer, adjuster or third party administrator or biller for the insurer shall
			 not:
(a) Require a person to use a particular
			 registered motor vehicle glass repair shop for motor vehicle glass repair
			 services;
(b) Use or employ unfair
			 or deceptive acts or practices to induce a person to use a particular
			 registered motor vehicle glass repair shop to provide motor vehicle glass
			 repair services. Unfair or deceptive acts shall include, but not be limited to:
1. Engaging in an act or practice designed to
			 intimidate, threaten or coerce a person to use, or for having used, a
			 particular registered motor vehicle glass repair shop; or
2. Knowingly contracting with, referring
			 motor vehicle glass repair services to or otherwise negotiating with a motor
			 vehicle glass repair shop to provide motor vehicle glass repair services if the
			 repair shop is not a registered motor vehicle glass repair shop as provided in
			 M.G.L. c. 100A.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.05 - Rights of Insured

Current through Register 1525, July 5, 2024
An insured may at any point in time elect to change his or her
				choice of registered motor vehicle glass repair shop to provide motor vehicle
				glass repair services.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.06 - Rights of Insurer

Current through Register 1525, July 5, 2024
An insurer may, either directly or through its producers,
				adjusters or third party administrator, provide directly or through other
				means, including electronic transmissions, information to assist the insured in
				selecting a motor vehicle glass repair shop or scheduling a motor vehicle glass
				repair shop to perform motor vehicle glass repair. Neither the insurer,
				producer, adjuster nor third party biller or administrator for the insurer,
				however, may use or employ unfair or deceptive acts or practices, as those
				terms are defined in
				211 CMR
				135.04(1)(b), M.G.L. c. 175,
				§ 113X, and M.G.L. c. 176D, to attempt to induce a person to change his or
				her choice of registered motor vehicle glass repair shop.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.07 - Penalties

Current through Register 1525, July 5, 2024
(1) A violation of
			 211 CMR 135.00 or M.G.L. c.
			 175, §113X by an insurance company, producer, third party biller, adjuster
			 or third party administrator for the insurer, shall be punishable by a fine of
			 not less than $1,000 nor more than $5,000 for each violation by each person or
			 entity.
(2) Any violation of
			 211 CMR 135.00 or M.G.L. c.
			 175, § 113X shall also constitute an unfair method of competition or an
			 unfair or deceptive act or practice in the business of insurance under M.G.L.
			 c. 176D.
(3) The commissioner shall
			 administer and enforce the provisions of
			 211 CMR 135.00 and M.G.L. c.
			 175, § 113X. If upon complaint, examination or other evidence exhibited to
			 the Commissioner, the Commissioner is of the opinion that any provision of
			 211 CMR 135.00 has been
			 violated, the Commissioner shall forthwith report the facts to the attorney
			 general or to the proper district attorney.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 135.00 - Requirements Regarding Referrals To Motor Vehicle Glass Repair Shops › Section 135.08 - Severability

Current through Register 1525, July 5, 2024
If any section or portion of a section of
				211 CMR 135.00 or the
				applicability thereof to any person, entity or circumstance is held invalid by
				any court, the remainder of
				211 CMR 135.00 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 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
211 CMR 140 governs the Commissioner's review of a Merger or
				Consolidation Agreement between two or more insurance companies under M.G.L. c.
				175, § 19A or § 19B.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.02 - Authority

Current through Register 1525, July 5, 2024
211 CMR is promulgated in accordance with the authority of
				M.G.L. c. 175, §§ 3A, 4, 19A, 19B and 49A.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.04 - Standards of Review

Current through Register 1525, July 5, 2024
In reviewing a proposed merger or consolidation, including the
				Agreement, the Commissioner may consider:
(1) The fairness of the terms and conditions
			 of the Agreement;
(2) Whether the
			 interests of the Policyholders, and Stockholders, if any, of the Domestic
			 Company(ies) are protected;
(3)
			 Whether the proposed merger or consolidation is in the public
			 interest.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.05 - Establishment of Working Group

Current through Register 1525, July 5, 2024
Upon the proposal of two or more Companies to merge or
				consolidate under M.G.L. c. 175, § 19A or under M.G.L. c. 175, § 19
				B, the Commissioner may designate a Working Group to conduct an Examination of
				any or all of the Companies under M.G.L. c. 175, § 4, including a review
				and evaluation of the Agreement, in draft form or otherwise.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.06 - Examination of Companies

Current through Register 1525, July 5, 2024
(1) Upon the
			 submission of an Agreement by one or more Companies, in draft or final form and
			 whether executed or unexecuted, or upon prior written request by one or more of
			 the Companies, the Division may immediately commence an Examination under
			 M.G.L. c. 175, § 4 of the Domestic Company(ies), and of the Foreign
			 Company(ies), if any. The Companies shall be notified in writing of the
			 commencement of such Examination. Nothing herein shall be construed to limit
			 the powers of the Commissioner under M.G.L. c. 175, § 4.
(2) The Examination may include, but not be
			 limited to, a review by the Working Group and the Working Group Advisors of the
			 Agreement, and any other documents and matters determined by the Working Group
			 and its Advisors to be relevant. The Working Group and its Advisors may
			 consider, among other things, the items listed in
			 211 CMR 140.04(1) through
			 (3).
(3) All information, documents and copies
			 there o f, obtained by or disclosed to the Division, the Working Group or its
			 Advisors during the Examination shall be given confidential treatment as
			 provided in M.G.L. c. 175, § 4 and any other applicable law.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.07 - Approval by Board of Directors

Current through Register 1525, July 5, 2024
The Agreement, in its final form, must be assented to by a vote
				of the majority of the Board of Directors of each Company.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.08 - Public Hearing

Current through Register 1525, July 5, 2024
Upon his or her own motion, the Commissioner, or a Presiding
				Officer appointed by the Commissioner, may conduct a public Hearing in order to
				afford interested persons an opportunity to present data, views, arguments, or
				comments in regard to the proposed merger or consolidation, including, but not
				limited to, the Agreement.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.09 - Notice of Hearing

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner shall issue timely written notice of the Hearing to each Domestic
			 Company and direct it to provide such notice by publication and/or mail or
			 delivery to its directors, officers, employees, Policyholders, and
			 Stockholders, if any, as the Commissioner deems appropriate, as well as to the
			 Foreign Company(ies), if any.
(2)
Contents
. The notice of the Hearing shall provide:
(a) A reference to the applicable statutory
			 section(s) and regulations;
(b) The
			 date, time and location of the Hearing;
(c) A brief statement of the subject of the
			 Hearing;
(d) A brief statement of
			 the dates and procedures for submission by any person of:
1. A written statement concerning the
			 Agreement; and
2. A written notice
			 of intent to make an oral statement at the Hearing.
(e) A statement that the docket of the
			 Hearing is maintained at the Division and is available for public
			 inspection.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.10 - Pre-Hearing Filing by Domestic Company(ies)

Current through Register 1525, July 5, 2024
(1) No later than 30 days prior to the
			 Hearing, the Domestic Company(ies) shall submit a filing to the Division in
			 support of the Agreement. The filing shall include but not be limited to the
			 following:
(a) The title and docket number of
			 the proceeding, and the complete name and address of the Domestic Company(ies)
			 submitting the filing;
(b) The name
			 and address of any Authorized Representative as described in
			 211 CMR
			 140.03;
(c) A summary containing a description of the
			 contents of the filing;
(d) A copy
			 of the Agreement;
(e) A copy of all
			 information to be provided to policyholders or stockholders prior to the
			 Special Meeting;
(f) A list of the
			 names and occupations of all persons who will present oral testimony,
			 statements or comments on behalf of the Domestic Company(ies) at the
			 Hearing;
(g) All written testimony,
			 statements or comments and any related supporting documents to be offered by
			 the Domestic Company(ies) at the Hearing;
(h) Any other information required by the
			 Commissioner or the Presiding Officer.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.11 - Appearance at the Hearing

Current through Register 1525, July 5, 2024
(1)
Appearance
. Any interested person may appear and file
			 a written statement and/or make an oral statement at the Hearing. A person may
			 appear in his or her own behalf or may be represented by an Authorized
			 Representative.
(2)
Notice of Appearance
. Any person who wishes to appear
			 at a Hearing shall file a written notice with the Presiding Officer within such
			 time as ordered by him or her; however, nothing shall prohibit the Presiding
			 Officer from allowing a person who has not filed such notice to appear at the
			 Hearing. Such notice shall contain the name, address and telephone number of
			 the person and his or her Authorized Representative, if any.
Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 140.00 - Procedures Concerning The Merger Or Consolidation Of Insurance Companies › Section 140.12 - Conduct of Hearing

Current through Register 1525, July 5, 2024
(1)
Duties of the Presiding Officer
. The Presiding Officer
			 shall conduct the Hearing and take appropriate action to ensure the orderly
			 conduct of the Hearing. Testimony may be taken under oath or affirmation at the
			 discretion of the Presiding Officer.
(2)
Transcript
. The
			 Domestic Company(ies) shall arrange that any Hearing held under these rules be
			 officially recorded by a reporter approved by the Presiding Officer. The full
			 cost of the reporter's fees, along with the cost of providing two copies of the
			 transcript to the Division, shall be paid by the Companies.
(3)
Docket
. The
			 Hearing shall b e assigned a number on the hearing docket maintained by the
			 Division. The docket shall list separately in chronological order all documents
			 filed in the docket. Except as proscribed by law, the docket shall be available
			 for inspection and copying by the public during the office hours of the
			 Division. The rate for copying shall be rates as set by the Executive Office
			 for Administration and Finance.
(4)
Filings Generally.
(a)
Title
. Papers
			 filed in the docket shall state the docket number, the title of the proceeding,
			 and the name of the person in whose behalf the filing is made.
(b)
Signatures
.
			 Papers filed in the docket shall be signed and dated by the person on whose
			 behalf the filing is made or by the person's Authorized Representative and
			 shall state the address and telephone number of such person or authorized
			 representative. This signature shall constitute a certification by the signer
			 that he has read the document, knows the content thereof, and that such
			 statements are true and, if the document has been signed by an authorized
			 representative, that he has full power and authority to do so.
(c)
Copies
. The
			 original of all papers shall be filed together with such number of additional
			 copies as the Presiding Officer may require.