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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - MASSACHUSETTS

Massachusetts State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1545

185

Producer licensure - agent practices

Amends provisions regarding insurance contracts, provides that any notice of insurance cancellation, modification or expiration shall contain a provision stating that any agent may make a written demand for reference to referees as to whether such action will affect the renewal, continuation or replacement of any policies placed with the company through the efforts of the agent, or service needed by the policyholder, as to justify renewal or continuation of any policies then in effect. Effective: July 27, 2006.

HB 2113

120

Motor vehicle insurance - commercial auto

Relates to terminal audits for commercial vehicles to ensure compliance by all interstate and intrastate motor carriers, provides that state police may enter the premises of a commercial carrier and inspect relative to proof of financial responsibility, driver qualifications, drug and alcohol testing, records of duty status, vehicle inspection reports, hazardous materials records as applicable and accident register information required by government entities and insurers. Effective: June 21, 2006.

HB 5139

327

Property insurance

Amends the date for the installation of carbon monoxide alarms and smoke detectors in certain residential buildings. Effective: Oct. 26, 2006.

HB 5216

342

Guaranty fund

Relates to the state Insurers Insolvency Fund, excludes claims or any amount due a reinsurer, insurer, insurance pool or underwriter, relates to subsidiaries and affiliates, excludes federal, state and local government entities, provides for right of recovery, relates to covered claims, net worth and high net worth insured, does not apply to a claim for which the association has denied coverage, relates to approval for requesting and sharing financial information, applies to insolvent insurers. Effective: Nov. 5, 2006.

SB 2060

222

Producer licensure - agent practices

Relates to the payment of referral fees to unlicensed employees of insurance producers, provides that nothing in this section of the General Laws shall prohibit the payment of additional referral fees to unlicensed employees of licensed insurance producers or a licensed business entity for customers referred to the producer or licensed business entity producer by the unlicensed employees in connection with the purchase of insurance. Effective: Aug. 9, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.