Massachusetts law about insurance

A compilation of laws, regulations, and web sources on insurance law in general.

See also: Law about health insuranceLaw about auto insurance, and Law about flood insurance

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Table of Contents

Best bet

Consumer information: everything you need to know about insurance, Massachusetts Division of Insurance (DOI).
Links to sources of information on all types of insurance, including more esoteric topics like pet insurance, wedding insurance, and more.

Massachusetts laws

MGL c.175 Insurance

MGL c.175A Insurance rates

MGL c.176D Unfair and deceptive acts and practices in insurance

Massachusetts regulations

211 CMR Insurance 

Federal laws

15 USC 20 Gives states the right to regulate insurance

Selected case law

Commerce Insurance v. Szafarowicz, 483 Mass. 247 (2019)
An insurer, who had defended under a reservation of rights and contested the judgment, was only bound by a settlement/assignment agreement reached in the underlying case if the agreement was found to be reasonable under the totality of the circumstances.

Green Mountain Insurance Co. v. Wakelin, 484 Mass. 222 (2020)
Discusses the meaning of "arising out of a premises" property insurance exclusion.

Rawan v. Continental Insurance Co., 483 Mass. 654 (2019)
Consent-to-settle clauses in professional liability insurance policies are legal, but when the insured refuses to settle, the insurer still owes some duties to a third-party claimant.

Verveine Corp. v. Strathmore Insurance Company, 489 Mass. 534 (2022)
Economic losses as a result of the COVID-19 pandemic are not covered under standard commercial property insurance policies because loss of revenue is not a "direct physical loss of or damage to property."

Agency

Web sources

DOI Bulletin 2007-15: Written notice to claimants of payment of claims in third party settlements
Insurance companies are directed to notify clients when payment of settlement of $5000 or more has been made to the client's attorney. 

Travel insurance, Mass. Division of Insurance.
Consumers planning a trip may consider travel insurance to protect their investment.

Print sources

Insurance law, (Mass. practice v.58), Thomson Reuters, 2013 with supplement.

Insurance law in a nutshell, West, 2022.

Massachusetts bad faith insurance litigation; the law of chapter 176D, Lawyers Weekly, 2020.

Massachusetts liability insurance manual, 3rd ed., MCLE, 2017, loose-leaf.

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Last updated: October 25, 2022
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