Chapter 175

Section 1. The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings: ''Behavioral health services'', mental health and substance use disorder prevention, recovery and t…

Section 10. The commissioner shall determine the liability of a company other than a life company or a health maintenance organization as defined in chapter 175G, upon its contracts of insurance. The determination shall be prepared in accordance with accounting practices and proc…

Section 100. If a claim is presented under any policy of fire insurance issued on property or interests in the commonwealth in the standard form set forth in the preceding section, and if the parties fail to agree as to the amount of loss, the company shall, within ten days after…

Section 100A. If, before an award is determined upon by the referees, any referee, including a referee appointed under this section, dies, resigns, is incapacitated, removes from the commonwealth or for any other reason is unable or refuses to serve, the company, if such referee …

Section 100B. Every person nominated, specified or appointed under either of the two preceding sections shall be disinterested, a resident of the commonwealth and willing to act as referee. Service as referee for either party within four months prior to the date of nomination or …

Section 101. The referees chosen, selected or appointed under section one hundred or one hundred A shall within ten days after the selection or appointment of the third referee meet to hear the evidence in the case. They may adjourn the hearing from time to time but not more than…

Section 101A. The referees shall reduce their award to writing and execute it in duplicate. The third referee shall forthwith publish the same by delivering one of the duplicates to the company, and one to the insured, but the same may be published in any other lawful manner.

Section 101B. The company and the insured shall, if an award is rendered by the referees in favor of the insured, each be liable to the third referee for one half of his charges for compensation and expenses. The company shall, if an award is rendered in its favor or if no award …

Section 101C. Payment of the third referee's charges, which shall be due and payable, except as hereinafter provided, upon the expiration of the ten day period provided by section one hundred and one B for filing a petition for review, shall in all cases be made by the company, d…

Section 101D. If a policy of fire insurance contains a reduced rate or co-insurance clause, and if, in case of loss, the parties do not agree as to the sound value of the property affected, such value shall be determined by the referees chosen to determine the loss. If the partie…

Section 101E. A company which in compliance with section one hundred or one hundred and one D joins in reference proceedings shall not thereby be held to have waived any legal defense to the claim in respect to which the reference proceedings are held and such proceedings shall f…

Section 101F. A company, or an officer, agent, adjuster or representative thereof having authority to represent the company in respect to a reference proceeding, who wilfully refuses to comply with the provisions of sections one hundred, one hundred A, or one hundred and one D, s…

Section 101G. The appointment of a receiver for a domestic fire company, whether before or after any referees are chosen, selected or appointed under sections one hundred to one hundred and one E, inclusive, shall not affect the requirements of said sections, and the receiver sha…

Section 101H. In all cases involving actual cash value coverage, sound value shall be synonymous with actual cash value.

Section 102. The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon the occurrence of loss or damage by fire shall not preclude recovery therefor, if the insured, forthwi…

Section 102A. Two or more stock or two or more mutual fire companies may issue a single policy of insurance against loss or damage by fire, or by fire and lightning, on property or interests in the commonwealth on which each company shall be severally liable for a specified perce…

Section 102B. The provisions of sections seventy-six, eighty, eighty-one, eighty-three, ninety-six, ninety-eight, one hundred, one hundred and one and one hundred and two shall apply to policies issued under section one hundred and two A, to dividends and assessments and to refer…

Section 102C. Two or more stock or two or more mutual companies authorized to transact business under either the first or the fifth clause of section forty-seven may issue a single policy of insurance against loss or damage to property by radioactive contamination, whether or not…

Section 102D. Any insurance company authorized to transact business under the first clause of section forty-seven and notifying the commissioner of its participation in the flood insurance program established under the National Flood Insurance Act of 1968, and any amendments ther…

Section 102E. Any insurance companies authorized to transact business under clause Twelfth of section forty-seven and notifying the commissioner of their participation in a plan approved by the commissioner to succeed the Federal Crime Insurance Program established pursuant to Ti…

Section 105. A company organized under the fourth clause of section forty-seven or corresponding provisions of earlier laws may make contracts of insurance to guarantee the fidelity of persons holding positions of trust in private or public employment or responsibility, and may, …

Section 106. A foreign company of the class designated in the preceding section shall not be admitted and authorized to transact business in the commonwealth until, besides complying with sections one hundred and fifty-one and one hundred and fifty-five, it has satisfied the comm…

Section 107. The bonds on which such company becomes surety shall not be deemed insurance contracts as defined in section two, but the company shall otherwise be subject to this chapter so far as applicable, and insurance agents and brokers shall in respect to such bonds be subje…

Section 108. 1. The term ''policy of accident and sickness insurance'' as used herein includes any policy or contract covering the kind or kinds of insurance described in subdivisions (a) and (d) of the sixth paragraph of section forty-seven. 2. (a) No policy of accident and sick…

Section 108A. No insurer authorized to issue policies of accident and sickness insurance in the commonwealth shall refuse, for the reason of blindness or deafness, to issue an individual policy of accident and sickness insurance, which provides hospital expense and surgical expen…

Section 108B. Whenever the terms ''physician'' or ''doctor'' are used in any policy of accident and sickness insurance issued in the commonwealth or in any contract for the provision of health care, services or benefits issued by any health, medical or other service corporation o…

Section 108C. No individual policy of accident and sickness insurance issued pursuant to section one hundred and eight or group blanket policy of accident and sickness insurance, issued pursuant to section one hundred and ten, or any renewals thereof, shall be denied, cancelled o…

Section 108D. Whenever any policy, contract, agreement, plan or certificate of insurance, including any self-insured sickness, health or welfare plan issued within or without the commonwealth provides for reimbursement for any service which is within the lawful scope of practice …

Section 108E. No company may, without the express and informed written consent of its insured or a covered family member of the insured acquired at the first notice of claim as defined in subdivision (G) of section one hundred and ten, disclose any information it may have acquire…

Section 108G. No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any o…

Section 108H. For the purposes of this section the following words shall have the following meanings:— ''Genetic information'', a written recorded individually identifiable result of a genetic test as defined in this section or explanation of such a result. ''Genetic test'', a te…

Section 108I. (a) For the purposes of this section the following words shall have the following meanings: ''Genetic information'', a written recorded individually identifiable result of a genetic test as defined by this section or explanation of such a result. For the purpose of …

Section 108J. (a) An insurer or producer authorized to issue policies against disability from injury or disease in the commonwealth shall not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of …

[There is no 175:108K.]

Section 108L. To the maximum extent possible, carriers that offer any policy of accident and sickness insurance or any general or blanket policy of insurance that is a health benefit plan, as defined in section 1 of chapter 176J, shall attribute every member to a primary care pro…

Section 108M. To the extent permissible under applicable state and federal privacy laws, carriers shall disclose patient-level data to providers in their network solely for the purpose of carrying out treatment, coordinating care among providers and managing the care of their own…

Section 108N. An insurer or producer authorized to issue policies against disability from injury or disease in the commonwealth shall not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy or demand or require a higher rate of premi…

Section 11. In addition to the reserve provided for in sections 9 and 10, the commissioner shall charge to each company the liabilities, and allow to the credit of each company in the account of its financial condition only the assets, as are chargeable or allowable, respectively…

Section 110. (A) Nothing in section 108 shall be construed to apply to or affect or prohibit the issue of any general or blanket policy of insurance to groups, including, but not limited to, the following: (a) any employer, whether an individual, association, co-partnership, or c…

Section 110A. So much of any benefit under a policy of insurance insuring against disability from injury or disease as does not exceed four hundred dollars for each week during any period of disability covered thereby shall not be liable to attachment, trustee process or other pr…

Section 110B. No policy of insurance referred to in section one hundred and eight and no policy of individual life insurance issued or delivered in the commonwealth, except a policy which by its terms is cancellable by the company or is renewable or continuable with its consent, …

Section 110C. 1. Notwithstanding any contrary provision of this chapter or of any other law, two or more insurance companies authorized to do the kind of business described in subdivision (d) of clause Sixth of section forty-seven may join together to offer, sell and issue a poli…

Section 110D. Every policy of insurance issued after January first, nineteen hundred and sixty-eight under the provisions of section one hundred and ten shall contain a provision that, in the event that the insured person leaves the group covered by such insurance, said person sh…

Section 110E. The commissioner shall make rules and regulations, and may at any time alter, amend, or make interpretations thereof, to establish minimum standards of full and fair disclosure, for the form and content of policies of accident and sickness insurance which provide me…

Section 110F. Benefits due under a policy of insurance insuring against disability from injury or disease shall not be reduced by an increase in federal social security benefits once payment of disability benefits has commenced.

Section 110G. Whenever a member of a group hospital, surgical or medical insurance plan issued or delivered within or without the commonwealth and which covers residents of the commonwealth, other than the one authorized under the provisions of chapter thirty-two A or chapter thi…

Section 110H. Every company which issues a policy of insurance under the provisions of section one hundred and eight which is cancellable when the insured reaches age sixty-five shall, sixty days prior to the date of intended cancellation, notify the insured that such policy will…

Section 110I. (a) In the event of the granting of a judgment absolute of divorce or of separate support to which a member of a group hospital, surgical, medical, or dental insurance plan provided for in section one hundred and ten is a party, the person who was the spouse of said…

Section 110J. Nothing in section one hundred and eight, one hundred and ten, one hundred and thirty-three or one hundred and thirty-four shall be construed to apply to or affect or prohibit the issue of (i) any general or blanket or group policy of accident and health insurance, …

Section 110K. Each employer or other organization which employs or has twenty-five or more employees or members during the full preceding calendar year and which contributes to a health insurance contract providing comprehensive dental benefits, which restricts the covered person…