Mass. Gen. Laws ch. 174A, § 1
Title of chapter
Section 1. This chapter shall be known and may be cited as the Fire, Marine and Inland Marine Rate Regulatory Law.
Massachusetts General Laws Chapter 174A — Regulation of Rates for Fire, Marine and Inland Marine Insurance, and Rating Organizations
Massachusetts · statute · Mass. Gen. Laws ch. 174A · 20 active provisions
Provisions
Mass. Gen. Laws ch. 174A, § 2
Purpose; construction
Section 2. The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory, and to authorize and regulate co-operative action among insurers in rate making and in other matters within the scope of this chapter.…
Mass. Gen. Laws ch. 174A, § 3
Definitions
Section 3. The following words, as used in this chapter, unless the text otherwise requires or a different meaning is specifically required, shall mean— ''Commissioner'', the commissioner of insurance. ''Company'', all corporations, associations, partnerships or individuals engaged as principals in the business of insu…
Mass. Gen. Laws ch. 174A, § 4
Restrictions on application
Section 4. This chapter shall apply to risks located in this commonwealth insured by insurance companies authorized to transact business in this commonwealth under the First, Second or Third clauses of section forty-seven of chapter one hundred and seventy-five, even though such risks are covered by policies or contrac…
Mass. Gen. Laws ch. 174A, § 5
Rates; general provisions
Section 5. (a) Rates shall be made in accordance with the following provisions:— 1. Manual, minimum, class rates, rating schedules or rating plans, shall be made and adopted, except in the case of specific inland marine rates on risks specially rated, and except in the case of special rates on other than inland marine…
Mass. Gen. Laws ch. 174A, § 6
Rates; filing with commissioner
Section 6. (a) Every insurer shall file with the commissioner or his designated representative, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan, every other rating rule,…
Mass. Gen. Laws ch. 174A, § 7
Defective filing; remedy of aggrieved persons
Section 7. (a) If at any time the commissioner finds that a filing does not meet the requirements of this chapter, he shall, after a hearing held upon not less than ten days' written notice, specifying the matters to be considered at such hearing, to every insurer and rating organization which made such filing, issue a…
Mass. Gen. Laws ch. 174A, § 8
Rating organizations; licensing; fee; powers; regulations
Section 8. (a) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this commonwealth, may make application to the commissioner for license as a rating organization for such kinds of insurance, or subdivision or class of risk or a part or combination thereof as…
Mass. Gen. Laws ch. 174A, § 9
Filings by voting organization; adherence by members; deviation; application; hearing
Section 9. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the commissioner for permission to file a deviation from the class rates, schedules, rating plans or rules respecting any kin…
Mass. Gen. Laws ch. 174A, § 10
Rating organizations; action or decision; appeal
Section 10. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner shall, after a hearing held upon not less t…
Mass. Gen. Laws ch. 174A, § 11
Rating organization; duties; appearance by agent or broker
Section 11. Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured,…
Mass. Gen. Laws ch. 174A, § 12
Advisory organizations
Section 12. (a) Every group, association or other organization of insurers, whether located within or outside this commonwealth, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendat…
Mass. Gen. Laws ch. 174A, § 13
Joint reinsurance; regulation
Section 13. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this chapter and, with respect to…
Mass. Gen. Laws ch. 174A, § 14
Rating and advisory organizations; examination
Section 14. The commissioner shall, at least once in five years, make or cause to be made an examination of each rating organization licensed in this commonwealth as provided in section eight and he may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization referred…
Mass. Gen. Laws ch. 174A, § 14A
Fire insurance ratings; hearings
Section 14A. The commissioner shall have jurisdiction to change fire insurance ratings given by any company, rating organization, advisory organization, group association or other organization making a fire insurance rating on application by a city or town after a duly notified hearing.
Mass. Gen. Laws ch. 174A, § 15
Commissioner; rule-making power
Section 15. (a) The commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense exper…
Mass. Gen. Laws ch. 174A, § 16
False or misleading information
Section 16. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this chapter.
Mass. Gen. Laws ch. 174A, § 17
Penalties
Section 17. Any person or organization wilfully violating any provision of this chapter shall be punished by a fine of not more than five hundred dollars for each such violation. Such penalty may be in addition to any other penalty provided by law. The commissioner may suspend the license of any rating organization or…
Mass. Gen. Laws ch. 174A, § 18
Aggrieved parties; hearing; review
Section 18. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or pa…
Mass. Gen. Laws ch. 174A, § 19
Partial invalidity
Section 19. If any section, subsection, subdivision, paragraph, sentence or clause of this chapter is held invalid or unconstitutional, such decision shall not affect the remaining portions thereof.