Chapter 175

Section 186. (a) No oral or written misrepresentation or warranty made in the negotiation of a policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is made wit…

Section 186A. The delivery of any policy of life or endowment insurance or annuity contract shall create a presumption that any conditions precedent, other than a condition requiring prepayment of the initial premium, to the attaching of the policy or contract have been performed…

Section 186B. The provisions of section one hundred and two, relative to certain rights of an insured who has failed to render a sworn statement of loss, shall apply in case of claims for loss or damage from any hazard insured against under any policy of insurance issued in the c…

Section 187. Policies of life or endowment insurance, group life insurance or insurance against accidental injury or disease issued by a foreign company in this commonwealth may, with the approval of the commissioner, contain any provision required by the law of the state, territ…

Section 187A. If a suit or action on a policy of insurance, duly commenced within the time limited by any valid clause of such policy for commencing suits or actions against the company, shall be enjoined or abated, suit or action may be commenced at any time within one year afte…

Section 187B. A company, or any officer, agent or employee thereof, having actual knowledge that the insured under any policy of insurance has paid the premium thereon to the company, or to its agent who issued the policy, or to the duly licensed insurance broker who negotiated i…

Section 187C. A company issuing any policy of insurance which is subject to cancellation by the company shall effect cancellation by serving the notice thereof provided by the policy and by paying or tendering, except as provided in this and the following section, the full return…

Section 187D. A company issuing any policy of insurance which provides for cancellation by the company upon giving written notice to the insured and for the payment or tender to the insured of a return premium at any time either before, at or after cancellation, may cancel such p…

Section 187E. A company which upon the death of an individual residing in the commonwealth owes his estate an aggregate sum not exceeding ten thousand dollars under any policy or policies of life, endowment, or accident or health insurance, or any annuity or pure endowment contra…

Section 187F. 1. No life insurance policy, non-cancellable disability insurance contract, hospital expense or hospital and surgical expense contract, now or hereafter in force in the commonwealth, premiums for which are normally collected by insurance agents employed by the insur…

Section 187G. Any life insurance policy having nonforfeiture values, which is ineligible for an automatic premium loan or does not have an authorization for an automatic premium loan, that is now or hereafter in force and for which policy premiums are normally collected by insura…

Section 187H. No policy of individual life insurance with a face amount of less than twenty-five thousand dollars shall be delivered or issued for delivery in the commonwealth unless it shall have printed thereon or attached thereto a notice stating in substance that the owner of…

Section 188. A paid officer of a domestic mutual company who asks for, receives or procures to be obtained or uses a proxy to vote in violation of any provision of section seventy-six or ninety-four shall be punished by a fine of not less than one hundred nor more than three hund…

Section 189. A company or any officer or agent thereof who makes, issues or delivers a policy of insurance or an annuity or pure endowment contract in violation of this chapter shall, except as otherwise provided, forfeit not less than fifty nor more than five hundred dollars.

Section 190A. The following words and phrases for the purposes of this section and the following two sections, shall have the following meanings:— ''Mass marketed life or health insurance'', the insurance under any individual, franchise, group or blanket policy of life or health …

Section 190B. No mass marketed life or health insurance may continue to be sold or offered to persons in the commonwealth if the commissioner finds that the total charges for the insurance to the persons insured are unreasonable in relation to the benefits provided. Any such find…

Section 190C. Any insurer extending mass marketed life or health insurance under a group or blanket policy issued outside the commonwealth to residents of the commonwealth shall: (1) comply with respect to such insurance with the requirements of the commonwealth relating to adver…

Section 191. The commissioner may require a company to submit for his inspection copies of any policy form used by the company; a form of any rider, endorsement or application used in connection therewith, and copies of any circular or other advertising matter issued by it in the…

Section 191A. No company shall issue a policy or contract which insures against physical damage to a motor vehicle of the insured unless said policy contains in substance the following provisions:— In case of any loss or damage insured against under the policy, the named insured …

Section 192. All provisions of law relative to the filing of policy forms with, and the approval of such forms by, the commissioner shall also apply to all forms of riders, endorsements and applications designed to be attached to such policy forms and when so attached to constitu…

Section 192A. In the case of policies and contracts issued in accordance with sections one hundred and eight, one hundred and thirty-two, one hundred and thirty-two A, one hundred and thirty-two B, one hundred and thirty-three, and one hundred and thirty-four, the commissioner ma…

Section 193. Any policy of insurance or any annuity or pure endowment contract issued in violation of any provision of this chapter shall be valid and binding upon the company issuing it, and the rights, duties and obligations of the parties thereto shall be determined by this ch…

Section 193A. The superior court shall have jurisdiction in equity, upon an information filed by the attorney general at the relation of the commissioner, to restrain all violations of this chapter and to enforce compliance with the provisions thereof and payment of all fines, fo…

Section 193B. Insurance companies may accept payment of motor vehicle insurance premiums in instalments under plans, rates and charges approved by the commissioner as equitable and nondiscriminatory.

Section 193C. Any domestic insurance company may have as a director a person who is also a director of another insurance company, which may be an alien, foreign or domestic company, provided, however, that if the effect thereof is to substantially lessen competition generally in …

Section 193D. A domestic insurance company may retain, invest in or acquire, subject to the provisions of sections sixty-three to sixty-eight, inclusive, the stock, guaranty capital or other share capital of other insurance companies; provided, that if the effect of such retentio…

Section 193E. No person, firm or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall require, as a condition precedent to such financing or lending, or as a condition pre…

Section 193F. The thirty-day period specified in sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B and one hundred and thirty-four may be extended by the commissioner with respect to any form required to be filed with hi…

Section 193G. Whenever the commissioner notifies a company in writing, pursuant to sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B or one hundred and thirty-four, within thirty days or any extension thereof as authoriz…

Section 193H. The commissioner may at any time give notice to the insurer of his intention to withdraw his approval of any form required to be filed by the provisions of sections two B, twenty-two A, one hundred and eight, one hundred and thirty-two, one hundred and thirty-two B …

Section 193I. (a) As used in this section and in section one hundred and ninety-three J, the following terms shall have the following meanings:— ''Equity security'', any stock or similar security; or any security convertible, with or without consideration, into such a security, o…

Section 193J. (a) It shall be unlawful for any person in contravention of such rules and regulations, as the commissioner may prescribe as necessary or appropriate in the public interest or for the protection of investors, to solicit or to permit the use of his name to solicit an…

Section 193K. Wherever an insurance policy, certificate or service contract provides for reimbursement or payment for any services which may be legally performed by any person, licensed under the provisions of chapter one hundred and twelve, reimbursements or payments under such …

Section 193P. Except as otherwise specifically provided in this chapter, no policy providing protection against loss by reason of fire to a dwelling or contents thereof shall be issued unless it contains a provision that the insurer will give written notice of its intent not to r…

Section 193R. The following words, as used in this section, shall, unless the context otherwise requires, have the following meanings:— ''Association member'', a member of a trade union, association or organization. ''Group marketing'', ''Group marketing plan'', ''Mass merchandis…

Section 193T. No insurance company offering for sale policies of life, accident, health, disability, or sickness insurance, or any other policy of insurance, shall make any distinction or discrimination as to the issuance of such policy or the rates or premiums charged therefor s…

Section 193U. Every medical malpractice insurer shall make available to every health care provider every primary medical malpractice insurance coverage, as defined in the plan or rules of operation of the medical malpractice reinsurance plan, which it provides to any health care …

Section 193V. No insurance company offering for sale any policy of insurance shall discriminate against an organization that is exempt from taxation under section 501(c) (3) of the Internal Revenue Code, or adjust or otherwise calculate such organization's risk classification or …

Section 194. Whoever violates any provision of this chapter, the penalty whereof is not specifically provided for herein, shall be punished by a fine of not more than five hundred dollars.

Section 195. (a) Sums for the estimated expenses for the purposes specified in subsection (b) shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within 30 …

Section 196. Where a payment is made by an insurer under the terms of a policy of liquor liability insurance, it shall be the duty of the insurer to give notice of said payment to the office of the Attorney General within ten days of payment. Said notice shall include, but not be…

Section 19A. Two or more domestic companies may merge or consolidate into one corporation, or a domestic company may merge or consolidate with any company or companies organized under the laws of any state of the United States into one corporation, which shall be a domestic corpo…

Section 19B. A domestic company, or two or more domestic companies transacting the same class or classes of business or together transacting one or more classes of business for the transaction of which a domestic company may be formed under section forty-eight or forty-eight A, m…

Section 19C. If any stockholder of a domestic company merging or consolidating under the authority of section nineteen A or nineteen B objects to the proposed merger or consolidation in the manner provided in section eighty-six of chapter one hundred and fifty-six B, sections eig…

Section 19D. Any domestic stock life insurance company or any domestic stock insurance company transacting business solely under subdivisions (a) and (d) of clause Sixth of section forty-seven, may become a mutual insurance company, and to that end may formulate and carry out a p…