Massachusetts Statutes

Section 15. (a) Whenever the commissioner has reason to believe that an insurance institution, insurance representative or insurance-support organization has been or is engaged in conduct in the commonwealth which violates this chapter, or if the commissioner believes that an ins…

Section 16. For the purpose of this chapter, an insurance-support organization transacting business outside the commonwealth which has an effect on a person residing in the commonwealth shall be deemed to have appointed the commissioner to accept service of process on its behalf;…

Section 17. (a) If, after a hearing pursuant to section fifteen, the commissioner finds that the insurance institution, insurance representative or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the commissioner shall put …

Section 18. (a) In any case where a hearing pursuant to section fifteen results in the findings of a knowing violation of this chapter, the commissioner may, in addition to the issuance of a cease and desist order as prescribed in section seventeen, order payment of a monetary pe…

Section 19. (a) Any person subject to an order of the commissioner under section seventeen or section eighteen or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the commissioner by filing in the supreme judicial co…

Section 2. As used in this chapter the following words shall, unless the context otherwise requires have the following meanings: ''Adverse underwriting decision'', (1) any of the following actions with respect to insurance transactions involving insurance coverage which is indivi…

Section 20. (a) If any insurance institution, insurance representative or insurance-support organization fails to comply with sections eight, nine or ten with respect to the rights granted under said sections, any person whose rights are violated may apply to the superior court, …

Section 21. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter; provided, however, this section shall provide no immunity: (1) for any p…

Section 22. Any person who knowingly and willfully obtains information about an individual from an insurance institution, insurance representative or insurance-support organization under false pretenses shall be fined not more than ten thousand dollars or imprisoned for not more …

Section 3. No insurance institution, insurance representative, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, that a pretext interview may be undertaken t…

Section 4. (a) An insurance institution or insurance representative shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as follows: (1) in the case of an application for insurance, a notice shall be provided…

Section 5. An insurance institution or insurance representative shall clearly specify questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.

Section 6. Notwithstanding any general or special law to the contrary, no insurance institution, insurance representative or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authori…

Section 7. (a) No insurance institution, insurance representative or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a …

Section 8. (a) An insurance institution, insurance representative or insurance-support organization shall make any personal information collected or maintained in connection with an insurance transaction in its possession or control available to the individual to whom it refers, …

Section 9. (a) An individual to whom personal information refers has a right to have any factual error corrected and any misrepresentation or misleading entry amended or deleted as provided in this section. (b) Within thirty business days from the date of receipt of a written req…

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Insurer'', includes every entity or person licensed, authorized or permitted by the commissioner to transact the business of insurance in t…

Section 10. Notwithstanding any other provision of the General Laws, the commissioner may meet with a supervisor appointed under subsection (A) of section four, and with the attorney or other representative of the supervisor, without the presence of any other person, at the time …

Section 2. The provisions of this chapter shall apply to all domestic insurers, and any other insurer doing business in the commonwealth whose state of domicile has requested in writing for the commissioner to apply the provisions of this chapter as regards such insurer.

Section 3. (A) An insurer may be subject to administrative supervision by the commissioner, without a prior hearing, if upon examination or at any other time the commissioner determines that: (1) the insurer's condition renders the continuance of its business hazardous as defined…

Section 4. (A) During the period of supervision, the commissioner or the commissioner's designee shall serve as the administrative supervisor. The administrative supervisor may impose operating restrictions or requirements on the insurer during the period of administrative superv…

Section 5. (A) If placed under administrative supervision by an order issued pursuant to subsection (E) of section three, the insurer shall have sixty days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner. (B) If it…

Section 6. (A) Except as provided in this section, and notwithstanding any other provision of the General Laws, including clause Twenty-sixth of section seven of chapter four and chapter sixty-six, all administrative and judicial proceedings arising under this chapter shall be he…

Section 7. An insurer placed under administrative supervision by the commissioner may contest the order, or any part of such order, at any time during the supervision by requesting review of the order by the supreme judicial court for Suffolk county. The insurer must demonstrate …

Section 8. Nothing contained in this chapter shall preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or liquidation proceedings or other delinquency proceedings, however designated under the General Laws, regardless of whether th…

Section 9. The commissioner may, in accordance with the provisions of chapter thirty A, adopt and promulgate reasonable rules and regulations necessary for the implementation of this chapter.

Section 1. For purposes of this compact, the following words shall have the following meanings:— ''Advertisement'', material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a p…

Section 10. (1) Not later than 30 days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commissi…

Section 11. (1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the National Association of In…

Section 12. (1) A state is eligible to become a compacting state. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by 2 compacting states; but, the commission shall become effective for purposes of adopting uniform standards fo…

Section 13. (1)(a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact hereinafter referred to as withdrawing state by enacting a statute specifically repealin…

Section 14. (1) The provisions of this compact shall be severable; and if any phrase, clause, sentence or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable. (2) The provisions of this compact shall be liberally construed to effect…

Section 15. (1)(a) Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in paragraph (b). (b) For any product approved or certified to the commission, the rules, uniform standards and any other requirements of the commission shall con…

Section 16. The commissioner of insurance for the commonwealth of Massachusetts shall serve as the representative of the commonwealth to the commission.

Section 2. (a) The compacting states hereby create and establish a joint public agency known as the interstate insurance product regulation commission. Pursuant to section 3, the commission shall have the power to develop uniform standards for product lines, receive and provide p…

Section 3. The commission shall have the following powers: (1) to promulgate rules, pursuant to section 6, which shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (2) to exercise its rule…

Section 4. (1)(a) Each compacting state shall have and be limited to 1 member. Each member shall be qualified to serve in that capacity pursuant to applicable law of the compacting state. A member may be removed or suspended from office as provided by the law of the state from wh…

Section 5. (1) The commission shall meet and take actions consistent with this compact and the by-laws. (2) Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the…

Section 6. (1) The commission shall promulgate reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking…

Section 7. (1) The commission shall promulgate rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and records involving the privacy of individuals and insurers' trade secrets. The commission m…

Section 8. The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and which may arise between 2 or more compacting states, or between compacting states and non-compacting states, and the commission shal…

Section 9. (1) Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. Nothing in this chapter shall be construed to restrict or otherwise prevent an insurer from filing i…

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise: ''Certificate of insurance'', a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insu…

Section 2. (a) The commissioner shall prohibit the use of a certificate form if the form: (i) is unfair, misleading, deceptive or violates public policy; or (ii) violates any law or regulation. (b) A certificate of insurance shall not be represented as nor construed to be a polic…

Section 3. (a) No person shall: (i) knowingly prepare, issue, request or require the issuance of a certificate of insurance that contains any false or misleading information concerning the policy of insurance to which the certificate of insurance makes reference; or (ii) prepare,…

Section 4. A person shall be entitled to notice of cancellation, nonrenewal or any material change and to any similar notice concerning a policy of insurance only if the person has such notice rights, under the terms of the policy of insurance or any endorsement to the policy. Th…