Mass. Gen. Laws ch. 175A, § 1
Title
Section 1. This chapter shall be known and may be cited as the Casualty and Surety Rate Regulatory Law.
Massachusetts General Laws Chapter 175A — Regulation of Rates for Certain Casualty Insurance, Including Fidelity, Surety and Guaranty Bonds, and for All Other Forms of Motor Vehicle Insurance, and Regulation of Rating Organizations
Massachusetts · statute · Mass. Gen. Laws ch. 175A · 22 active provisions
Mass. Gen. Laws ch. 175A, § 2
Purpose
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. 175A, § 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. 175A, § 4
Application; exceptions
Section 4. This chapter shall apply to risks and operations in this commonwealth insured by insurance companies authorized to transact business in this commonwealth under subdivisions (d), (e) and (f) of the Second clause, under the Third, Fourth, and Fifth clauses, under subdivisions (b), and (c) of the Sixth clause,…
Mass. Gen. Laws ch. 175A, § 5
Rates; regulatory provisions; insurance company groups
Section 5. (a) All rates shall be made in accordance with the following provisions:— 1. Due consideration shall be given to past and prospective loss experience, within and outside this commonwealth, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies, to investment income o…
Mass. Gen. Laws ch. 175A, § 5C
Experience review plans
Section 5C. (a)(1) The medical professional mutual insurance company approved by the commissioner is hereby authorized to establish an experience review plan for all physicians insured by it. Such experience review plan shall be administered by an experience review committee established by the insurer. The said committ…
Mass. Gen. Laws ch. 175A, § 6
Rules, rates, classifications; filing with commissioner; waiver of filing; excessive rate on specific risk; approval
Section 6. (a) Every insurer shall file with the commissioner or his designated representative every manual of classifications, rules and rates, every rating plan and every modification of any of the foregoing which it proposes to use. Every such filing shall be made with the commissioner at least fifteen days prior to…
Mass. Gen. Laws ch. 175A, § 7
Improper filing; hearings; aggrieved persons; remedies
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. 175A, § 8
Rating organization; application for license; regulation; fee; subscription for services by insurer
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 subdivisions thereof as are specified in its application and shal…
Mass. Gen. Laws ch. 175A, § 9
Rating organization; rights of members
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 uniform percentage decrease or increase to be applied to the premiums produced by…
Mass. Gen. Laws ch. 175A, § 10
Rating organization; 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. 175A, § 10A
Rating organization; toll free tip line for reporting suspected motor vehicle theft; rewards for information
Section 10A. (a) An automobile insurance rating organization licensed under the provisions of section eight is hereby authorized to create a statewide toll free tip line for reporting information on stolen cars and suspected auto theft activities to the state police and the governor's auto theft strike force. Said line…
Mass. Gen. Laws ch. 175A, § 11
Rate information; furnishing to insured; 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. 175A, § 12
Advisory organization
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. 175A, § 13
Joint reinsurance; regulations
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 j…
Mass. Gen. Laws ch. 175A, § 14
Rating organizations, etc.; examination; confidentiality and privilege; power of commissioner; costs
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. 175A, § 15
Rating organizations; regulations; commissioner's power to promulgate rules
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. 175A, § 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. 175A, § 17
Agreements and rate modifications; commissioner's approval
Section 17. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to, procure such insurance through ordinary methods and such insurers may agree among themselves on the use of reas…
Mass. Gen. Laws ch. 175A, § 18
Violation of this chapter; penalty
Section 18. 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. 175A, § 19
Aggrieved insurer or rating organization; hearing before commissioner; appeal
Section 19. (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. 175A, § 20
Severability
Section 20. 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 of this chapter.