Chapter 175

Section 162. Solicitation or negotiation of policies of insurance that takes place off the premises of an insurance broker, agent or company shall be by a duly licensed broker or agent. Solicitation or negotiation of policies of insurance performed on the premises of an insurance…

Section 162B. Insurance agents and brokers may accept payment of insurance premiums in installments to be evidenced by notes or other appropriate instruments running from the insured to the agent or broker; provided, however, that payment of insurance premiums in installments to …

Section 162C. No insurer issuing or delivering in the commonwealth either motor vehicle policies as defined in sections thirty-four A and thirty-four O of chapter ninety or homeowner insurance policies insuring individuals against risks of loss to personal dwellings or the conten…

Section 162D. Any insurer issuing or delivering in the commonwealth either motor vehicle policies or bonds, as defined in section thirty-four A and thirty-four O of chapter ninety, which do business in the commonwealth through independent licensed insurance agents pursuant to the…

Section 162E. Any filing of rates for insurance to which chapter one hundred and seventy-five E is applicable which is made by an insurer doing business in this commonwealth through independent licensed insurance agents pursuant to the so-called American Agency System other than …

Section 162F. A duly licensed agent or a duly licensed broker doing business pursuant to the so-called American agency system, other than that of an employer to employee relationship, shall own and have an exclusive right to use certain insurance information contained in insuranc…

Section 162G. Sections 162H to 162X, inclusive, shall govern the qualifications and procedures for the licensing of insurance producers. Sections 162H to 162X, inclusive, do not apply to special insurance brokers licensed pursuant to section 168, except as provided in section 162…

Section 162H. As used in sections 162G to 162X, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:— ''Business entity'', a corporation, association, partnership, limited liability company, limited liability partnership or oth…

Section 162I. A person shall not sell, solicit or negotiate insurance in the commonwealth for any class or classes of insurance unless the person is licensed for that line of authority in accordance with sections 162H to 162X, inclusive.

Section 162J. (a) Nothing in sections 162H to 162X, inclusive, shall be construed to require an insurer to obtain an insurance producer license. In this section, the term ''insurer'' does not include an insurer's officers, directors, employees, subsidiaries or affiliates. (b) A l…

Section 162K. (a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 162O. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, …

Section 162L. (a) A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, …

Section 162M. (a) Unless denied licensure pursuant to section 162R, persons who have met the requirements of sections 162K and 162L shall be issued an insurance producer license. An insurance producer may receive qualification for a license in 1 or more of the following lines of …

Section 162N. (a) Unless denied licensure pursuant to section 162R, a nonresident person shall receive a nonresident producer license if:— (1) the person is currently licensed as a resident and in good standing in his home state; (2) the person has submitted the proper request fo…

Section 162O. (a) An individual who applies for an insurance producer license in the commonwealth who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only avail…

Section 162P. An insurance producer doing business under any name other than the producer's legal name is required to notify the commissioner prior to using the assumed name.

Section 162Q. (a) The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner determines that the temporary license is necessary for the servicing of an insurance business in the follow…

Section 162R. (a) The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer's license or may levy a civil penalty in accordance with section 7 of chapter 176D or any other applicable sections of the General Laws or any combination …

Section 162S. (a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (b) To appoint a produc…

Section 162T. (a) An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within 30 days following the effective date of the termination, us…

Section 162U. (a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his home state, except the requirements imposed by section 162N if the applicant's home state awards nonresident licenses to residents of the commonwealth…

Section 162V. (a) A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in the commonwealth within 30 days of the final disposition of the matter. This report shall include a copy…

Section 162W. The commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of sections 162G to 162Y, inclusive.

Section 162X. If any provisions of sections 162G to 162X, inclusive, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of said sections 162G to 162X, inclusive, and the application of the provision to persons or circumstances o…

Section 162Y. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Customer'', a person who purchases portable electronics. ''Enrolled customer'', a customer who elects coverage under a portable ele…

Section 162Z. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Designated responsible producer'' or ''DRP'', a person responsible for the limited lines travel insurance producer's compliance with t…

Section 163. No company shall cancel the authority of any independent insurance agent for fire or casualty insurance, or both, if said agent is not an employee of said company and no company shall modify a contract with such an agent unless the company gives written notice of its…

Section 164. A collector of premiums who does not solicit applications for or the renewal or continuance of insurance contracts, or act or aid in negotiating such contracts or the continuance or renewal thereof, may carry on such business without a license therefor, provided that…

Section 164A. If a policy of industrial life insurance upon which premiums have been paid for three years or more lapses for non-payment of a premium and is surrendered to the company for a cash surrender value or continues in force as paid-up or extended term insurance, the comp…

Section 166B. Whenever the commissioner revokes a license in accordance with the provisions of section 162R, he may also order the person whose license has been revoked to dispose of any interest as proprietor, partner, stockholder, officer or employee of any licensed insurance p…

Section 167A. No fee for an insurance producer's license issued under section 162M shall be required of or on account of any veteran resident in this commonwealth, or of or on account of any blind person, if he presents to the commissioner satisfactory evidence of his identity; o…

Section 168. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- ''Home state'', relative to an insured: (1) the state in which an insured maintains its principal place of business or, in the case of …

Section 168A. (a) As used in this section ''eligible alien unauthorized insurer'' shall mean a company formed under the laws of any government or state other than the United States or 1 of its states or its territories that has filed an application with the commissioner under cla…

Section 169. An insurance agent or broker acting for a person other than himself in negotiating, continuing or renewing any policy of insurance or any annuity or pure endowment contract shall, for the purpose of receiving any premium therefor, be held to be the agent of the compa…

Section 17. He shall annually, and as early as is consistent with full and accurate preparation, make a report to the general court of his official transactions, and shall include therein a report of the condition of the receiverships of insolvent companies; an exhibit of the fin…

Section 170. An insurance agent or broker who knowingly procures by fraudulent representations payment or the obligation for the payment of any premium on any policy of insurance or any annuity or pure endowment contract shall be punished by a fine of not less than one hundred no…

Section 171. An insurance agent shall be personally liable on all contracts of insurance unlawfully made by or through him, directly or indirectly, for or in behalf of any company not authorized to do business in the commonwealth.

Section 172. The commissioner may, upon the payment of the fee prescribed by section 14 and after successful completion of a written examination, issue to any suitable person of 21 years of age or more a license to act as a public insurance adjuster in the commonwealth, if such p…

Section 172A. The licenses described in sections 162M, 162N, one hundred and sixty-eight and one hundred and seventy-two may, upon payment of the fees prescribed by section fourteen, be issued to any voluntary association, as defined in section one of chapter one hundred and eigh…

Section 173. The licenses described in sections 162M, 162N, one hundred and sixty-eight and one hundred and seventy-two may, upon payment of the fees prescribed by section fourteen, be issued to partnerships on the conditions specified in and subject to said sections, except as o…

Section 174. The licenses described in sections 162M, 162N, one hundred and sixty-eight and one hundred and seventy-two may, upon payment of the fees prescribed by section fourteen, be issued to any corporation. Every such license, together with the corporation and officers or di…

Section 174A. Notices of hearings required by section 162R, one hundred and seventy-two, one hundred and seventy-three or one hundred and seventy-four or of the revocation or suspension of any license issued under any of said sections shall be deemed sufficient when sent postpaid…

Section 174B. A person licensed under section 162M, 162N, one hundred and sixty-eight or one hundred and seventy-two shall, upon the revocation of his license and upon written demand therefor, and a partnership licensed under section one hundred and seventy-three or a corporation…

Section 174F. Sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, shall be known and may be cited as the Business Transacted with Broker–Controlled Insurer Act.

Section 174G. As used in sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Accredited state'', a state in which the insurance department o…

Section 174H. Sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, shall apply to insurers as defined in section one hundred and seventy-four G either domiciled in the commonwealth or domiciled in a state other than an accredited state which has i…

Section 174I. (A)(1) The provisions of section one hundred and seventy-four I shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by controlling broker is equal to or greater than five percent of the adm…

Section 174J. The broker, at the time or before an application is taken for the policy, shall deliver a separate written notice to the prospective insured disclosing the relationship between the broker and the controlled insurer; except that if the business is placed through a su…

Section 174K. (A) If the commissioner believes that the controlling broker or any other person as defined in section one hundred and seventy-four G has violated any provisions of sections one hundred and seventy-four F to one hundred and seventy-four K, inclusive, or any regulati…

Section 175. Whoever, not being duly licensed as an insurance agent or broker or as an adjuster of fire losses, represents or holds himself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business, by means of advertisements, car…