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Massachusetts

Certificates of Insurance Law

certificate of insurance lawThe Massachusetts Division of Insurance (DOI) issued a bulletin to provide guidance on the implementation of Massachusetts General Laws Chapter 175L, concerning the issuance of certificates of insurance.

Chapter 175L was signed into law on Jan. 7, 2015, by then-Gov. Deval Patrick and became effective on April 7, 2015. The DOI stated in its bulletin 2015-02 on May 8 that the purpose of this new law is to regulate and standardize the practice of using certificates of insurance.

Chapter 175L defines a certificate of insurance as “a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage.” The bulletin notes that the term shall not include a policy of insurance, insurance binder, policy endorsement or automobile insurance identification or information card. Chapter 175L explicitly regulates certificates of insurance for the first time in Massachusetts.

The new law codifies the long-time rule that insurance certificates may not modify the terms or conditions of the underlying insurance policies that they evidence. In this regard, Chapter 175L requires that all certificates of insurance must be both true and accurately reflect the policy they represent, and mandates that no one may knowingly prepare, issue or require the issuance of a certificate of insurance that contains any false or misleading information or that alters, amends or extends the coverage provided by the underlying referenced policy.

The new law applies to all certificates issued in connection with property, operations or risks located in Massachusetts, regardless of where the certificate holder, policyholder, insurer, or insurance agent is located.

The bulletin further stated that a certificate of insurance that violates the requirement of Chapter 175L will be deemed to be null and void. Under the law, the insurance commissioner is authorized to examine and investigate the activities of any person that the commissioner reasonably believes has been or currently is engaged in an act prohibited by Chapter 175L. Additionally, Chapter 175L grants the commissioner the authority to enforce the law by imposing a fine of up to $500 per violation.

Key provisions of Chapter 175L are as follows:

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State-specific Resources for Workers Compensation

In this post we are providing some state specific Workers Comp. benefit overview.

National

Alabama

Alaska

Arizona

Arkansas

California

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Insurance for Alcohol and Drug Treatment Centers

Alcohol & Drug Rehabilitation facilities provide medical assistance and behavioral and nutritional counseling to individuals who are in need of substance abuse services. Eligible risks may include Outpatient Alcohol & Drug Counseling, Rehabilitation Centers, Halfway Houses Inpatient, Methadone, Early Release Prisoner Programs (Alcohol & Drug related offenses only) and Outpatient Detox. Clinics may also be included as an eligible class when the clinic is only a part of the facility’s overall services. Our program includes a Package, General & Professional Liability, Property, Umbrella, Auto (some restrictions may apply) and Abuse & Molestation. Our pro- gram also offers Coverage Endorsements &… Read More »Insurance for Alcohol and Drug Treatment Centers

Study lists top 10 consumer criticisms of insurance companies

For P&C, the top 10 criticisms are: Failure to acknowledge, to pay, or deny claims within specified time frames Using unapproved forms, unfiled rates and/or misapplication of rating factors Failure to cancel policies or non-renew policies in accordance with requirements Failure to provide required compliant disclosures in underwriting processes Failure to process total loss claims properly Failure to provide required compliant disclosures in claims processing Improper documentation of underwriting files Failure to adhere to producer appointment, termination and/or licensing requirements and adjuster licensing requirements Failure to pay correct amount under policy Improper documentation of claim files And, for life and… Read More »Study lists top 10 consumer criticisms of insurance companies

Protection for Water and Sewer Districts

Serving the public is a serious, round-the-clock responsibility. It’s your job to protect, plan for, and serve the needs of your community as it grows. And it’s our job to protect you with thoughtfully designed, tailored insurance coverages. Our dedicated underwriting, claims and risk control teams work specifically with water and sewer districts and can provide you with one source for your insurance and risk management needs.

WE UNDERSTAND YOUR GENERAL LIABILITY HAZARDS

• Training modules for unique risks such as flagging/traffic control
• Risk control specialists to assist in analyzing digging sites for pipe-laying hazards
• Coverage available for failure-to-supply services and sewer back-up liability
• Utilization of immunities and tort caps where applicable
• Coverage for members of boards, commissions and sewer authorities

WE HAVE AN INDUSTRY-LEADING WORKERS COMPENSATION PROGRAM

• Co-located medical and claims professionals promptly handle, thoroughly investigate and fairly resolve claims, with a focus on return-to-work
• Discounts and savings through carrier’s preferred medical provider network

WE KNOW YOUR MACHINES

• Specialized equipment breakdown  coverage and certified boiler and machinery inspections and consultations through carrier’s Boiler & Machinery

WE PROVIDE SERVICES FOR EMPLOYMENT PRACTICES

• Complimentary EPL hotline provides access to EPL attorneys* to answer your questions
• Discounts for employee training to help protect against “failure to train” exposures

WE UNDERSTAND EMOTIONS ASSOCIATED WITH SEWER BACKUP

• Our dedicated Sewer Backup Claim Unit  understands the importance of balancing residents’ emotional reactions to water backup events with prompt claim handling
• Specialists work with sewer backup adjusters for valuation of residents’ personal items, antiques, etc.

WE OFFER CYBER LIABILITY PROTECTION

• Coverage to protect against cyber and ID fraud for entities that store data electronically

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Increases for Liability Insurance for Construction Firms

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New Enhancements to Real Estate E&O Program

We are proud to announce that we’re now offering an exclusive Real Estate Errors and Omissions Liability protection. Easy Way to Quote and Bind Online We offer an advanced and intuitive online application that allows to facilitate the quotation, binding and policy issuance process for our customers. For qualified applicants, a quote and policy may be processed in minutes. Coverage Features We’re confident that our program will bring you superior underwriting and service. That said, the policy’s coverage will remain packed with coveted features and include 2 free hours of access to a toll-free, confidential risk management hotline and, for qualifying risks, new coverage… Read More »New Enhancements to Real Estate E&O Program

Can Employer Pass Workers Comp. Cost to Employees?

Employers cannot pass their workers compensation premium expenses on to employees, Massachusetts’ Supreme Court ruled Wednesday, Aug 31, 2011. The ruling in Pius Awuah et al. vs. Coverall North America Inc. followed a federal judge’s finding that Coverall misclassified actual employees as independent contractors. The judge then posed several questions to Massachusetts’ Supreme Court. Among other matters, he asked the state high court to determine whether state law allows an employer and an employee to agree that the employee will pay workers comp insurance costs. According to court records, Coverall entered into franchise agreements with individuals to provide commercial janitorial… Read More »Can Employer Pass Workers Comp. Cost to Employees?