HOUSE DOCKET, NO. 402 FILED ON: 1/8/2009
HOUSE . . . . . . . . . . . . . . . No. 961
The Commonwealth of Massachusetts
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PRESENTED BY:
Ronald Mariano
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To the Honorable Senate and House of Representatives
of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act RELATIVE TO THE OWNERSHIP AND PROPRIETARY RIGHTS OF LICENSED INSURANCE PRO
DUCERS TO CERTAIN INSURANCE INFORMATION FOR ASSIGNED RISK BUSINESS.
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PETITION OF:
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Name:
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District/Address:
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Ronald Mariano
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3rd Norfolk
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Angelo J. Puppolo, Jr.
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12th Hampden
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The Commonwealth of Massachusetts
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In the Year Two
Thousand and Nine
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An Act RELATIVE TO THE OWNERSHIP AND PROPRIETARY RIGHTS OF LICENSED INSURANCE PRODUCERS TO CERTAIN INSURANCE INFORMATION FOR ASSIGNED RISK BUSINESS.
Be it enacted by the Senate and House of Representatives in Gener
al Court assembled, and by the authority of the same, as follows:
SECTION1.
Subsection (D) of Section 113H of Chapter 175, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
A
duly licensed insurance producer, certified to place business in the plan, shall own and have an exclusive right, as the insured’s producer of record, to use certain insurance information of the insured embodying the records of the insurance agency which s
hall include but not be limited to the name of the insured, the policy inception date, the amount of insurance coverage, the policy number and the terms of insurance. If a policyholder, insured through the plan with an assigned risk carrier, is offered vo
luntary coverage by said carrier and the policyholder accepts the offer, the insured’s producer of record shall continue to represent the insured written or renewed in the voluntary market, and such policy shall be continued to be serviced through the prod
ucer of record, unless:
(1) said producer is decertified or suspended by the plan or the Commissioner of Insurance, (2) at the insured’s request, the insured terminates such producer as its producer of record, or (3) the producer of record is precluded fro
m dealing with other insurance companies pursuant to an exclusive agency contract; provided, further, if a policy is written or renewed on a voluntary basis, the assigned risk carrier shall pay the insured’s producer of record the commission rate as set fo
rth in the first paragraph of subsection (D), regardless of whether the producer of record has an agency agreement with that assigned risk carrier.
