Latest News

 Updated Company Auto Insurance Filings - February 2023 (9/23/2022) 

P&C Company Filings - February 2023

MAIA periodically visits the Division of Insurance to collect the latest information about each company’s private passenger automobile insurance rules, rates, and forms filings. Recent changes and updates are presented here.

Visit our Company Filings webpage to review the full filings.

Questions? Contact Kathy Cormier at [email protected] or 508-634-7353.

 Company  Filing  Date/Rate Impact
  ARMU133439908 Rate  03/01/23 New/Renew +5.7%
Citizens Ins. Co. of America  HNVRG133432724 Rate  02/01/23 New/Renew +3.9%
 Commerce  CMRC133479974 Rate/Motorcycle  04/01/23 New/Renew +6.5%
 Commonwealth Automobile Reinsurers (MAIP)  CARI133408726 Rate/Rule  05/01/23 New/Renew
 Foremost Insurance Co.  BRWS133463801 Rate/Rule  03/02/23 New 04/01/23 Renew +20.7%
 Foremost Property & Casualty  FARM133439183 Rule  02/01/23 New/Renew

 GEICO General Ins.
 Government Employees Ins

 GECC133118845Part 1
 GECC133118845Part 2
 GECC133118845Part 3

 09/01/22 New 10/18/22 Renew +10.8%
 GECC133424510 Rule  12/06/22 New/Renew
 Hanover Insurance  HNVRG133444979 Rate/Rule  02/01/23 New/Renew +4%
 Incline Casualty (Embark)  ICCC1335032899 Form/Rate/Rule  02/15/23 New 04/01/23 Renew +9.5%
 Main Street American Protection  NGMC133445068 Rate  12/24/22 New 01/28/23 Renew +5.9%



 Legislative Update - February 2023 (11/6/2017)  

Legislative Update - February 2023

We are pleased to report that the 2023-24 Legislative Session has kicked off with the swearing in of all 200 State Representatives and Senators, including 26 new Legislators, as well as a new Governor, Lieutenant Governor, Attorney General, and State Auditor.

Last Friday marked the legislature’s bill filing deadline, with over six thousand bills filed for the session. This includes our priority legislation HD3359/SD650, "An Act relative to the compulsory automobile insurance limits" filed by Representative Michael Finn (D-West Springfield) and Senator Brendan Crighton (D-Lynn). 

As you know, this bill would increase the compulsory bodily injury insurance limit for injury or death to one person from $20,000 to $50,000 and the limit for any one accident from $40,000 to $100,000.  In addition, it would raise the compulsory property damage limit from $5,000 to $30,000. This is a long-overdue commonsense fix that would ensure appropriate coverage for all Massachusetts drivers, and better protect accident victims from the crippling financial consequences of inadequate coverage. 

At this time we would request that you please reach out to your local Senators and Representatives to request their co-sponsorship and support of HD3359/SD650, "An Act relative to the compulsory automobile insurance limits". We have attached a draft letter template to this email, and you can find your local Legislators and their contact information through the following link:

We anticipate that the House and Senate will adopt their rules packages for the session in the coming days and for Leadership and Committee assignments to follow by the end of February. We will keep you updated throughout the process and appreciate your support in requesting co-sponsorship for HD3359/SD650, "An Act relative to the compulsory automobile insurance limits".

Here are the drafted House letter / Senate letter templates.

 Tech Talk: Another Interesting Homeowner Insurance Question (12/14/2022) 

Tech Talk: Another Interesting Homeowner Insurance Question

VP Technical Affairs, MAIA

One of your member benefits is getting your questions answered by MAIA staff. My “specialty” is insurance-related questions.

One agent emailed me ….

Is it building or content?

Is it a chicken or a duck? It came up with one of our companies today.  I have always understood the HO to view carpet two ways – 

wall-to-wall = Coverage A, it's permanently installed, no different than your cabinets, therefore, covered on RCV (assuming all stipulations for replacement cost are met). 

area rugs/carpet = Coverage C, it's NOT permanently installed and can be moved around, rolled up and taken with you, etc., covered on ACV, unless you have HO0490/similar company endorsement. 

The company is telling me that there is something in the HO3/HO5 that says wall-to-wall carpet is covered on ACV value unless HO0490/similar company endorsement is present?

I can't find it in the HO3/HO5 language.  I DO see one of their company-specific endorsements that reference, under Cov C - "RCV is allowed on awnings, carpeting, household appliances, outdoor antennas, and outdoor equipment, whether or not attached to buildings".   Ok - but that assumes wall-to-wall is Cov C, not Cov A, which I don't think that is correct?

I would read that to mean area carpet, not wall-to-wall.  I don't see anything in the ISO policy, which they are using HO 05-11, that defines whether wall-to-wall is Cov A or Cov C. 

Again, it's permanently installed, so I've always understood that to be Cov A.  Have I lost my mind, or am I missing something in the ISO form?  Any help would be greatly appreciated!

Thank you!


My response:

First, I’ve seen wall-to-wall carpeting defined as both building and contents depending on whether it is on subflooring or on top of a finished floor, such as wall-to-wall installed over hardwood floors.  Some companies interpret wall-to-wall over a finished floor to be contents because “a room only has one floor,” is how one adjuster explained it to me.  That could be an interpretation issue because, as you said, the HO policy is silent about this.

HOWEVER, the NFIP flood policy definitely distinguishes wall-to-wall carpeting over a finished floor as Contents:

B. Coverage B—Personal Property

4. Coverage for the personal property includes the following property, subject to B.1 above, which is insured under Coverage B only:

a. Air conditioning units, portable or window type;

b. Carpets, not permanently installed, over unfinished flooring;

c. Carpets over finished flooring;


 A. Coverage A—Building Property

We insure against direct physical loss by or from flood to:

7. The following items of property are insured under Coverage A only:

a. Awnings and canopies;

b. Blinds;

c. Built-in dishwashers;

d. Built-in microwave ovens;

e. Carpet permanently installed over unfinished flooring;

But no edition of the ISO HO policy is this specific as to when wall-to-wall carpeting is building or contents.  HOWEVER, there IS a discussion of carpeting being paid on an Actual Cash Value basis in the Loss Settlement Section

The following is the ISO HO-2000/2011/2022 language – but the HO-91 language is similar.

D.  Loss Settlement

In this Condition D., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.11. Ordinance Or Law under Section I – Property Coverages. Covered property losses are settled as follows:

1.  Property of the following types:

a. Personal property;

b. Awnings, carpeting, household appliances, outdoor antennas, and outdoor equipment, whether or not attached to buildings;

c. Structures that are not buildings; and

d. Grave markers, including mausoleums;

at actual cash value at the time of loss but not more than the amount required to repair or replace.

This is a loss settlement provision - not a coverage provision. Some of the items listed are building or other structures, some are contents, and some items could be both!

Awnings can be part of a building if the awning is attached. Whether the awning is determined as Coverage B Other structures or Coverage A Dwelling will be determined by what building the awning is attached to (home or garage).  Outdoor antennas and equipment can be Coverage B Other Structures if separate from the dwelling or Coverage A if attached to the dwelling.

Structures that are not buildings, such as driveways, fences, and flagpoles, are Coverage B Other Structures. 

Carpeting can be either Coverage A or C. Certainly, oriental carpets are Coverage C. Depending on how the wall-to-wall carpeting is installed coupled with the insurance company interpretation can determine whether carpeting is Coverage A or C.  Under an HO-3, this would mean a “perils” difference as the building is covered unless excluded, and contents are only covered for 16 lonely little-named perils.  If one sells the HO-5 Comprehensive Form (or the HO-3 + HO-15 if using HO-91), then all property is “covered unless excluded,” whether building or contents. 

Regardless of whether carpeting is considered building or contents, ALL ISO HO editions adjust losses for carpeting of ANY type on an ACV (depreciated) basis.

The awnings, outdoor equipment, and structures that are not buildings are subject to the “outside elements” and can devalue more quickly than, say, vinyl siding or wood clapboards on a house.

Carpeting, whether wall-to-wall or oriental, gets “foot traffic” and, therefore, more wear and tear than wallpaper or ceiling tiles.  Carpeting will also wear out faster than hardwood flooring. 

The HO 04 90 Replacement Cost Loss Settlement Endorsement is important for ALL clients

As long as I have been teaching and even before when I worked as an agent, I have suggested that all ISO HO forms in any HO edition should have the HO 04 90 Personal Property Replacement Cost Loss Settlement Endorsement added.  Whether selling the HO-4;6;3; or 5, one needs the replacement cost endorsement to modify the loss settlement provision in the policy.

The first paragraph of the Personal Property Replacement Cost Loss Settlement Endorsement HO 04 90 states:

A. Eligible Property

1. Covered losses to the following property are settled at replacement cost at the time of the loss:  

a. Coverage C; and

b. If covered in this policy:

(1) Awnings, outdoor antennas, and outdoor equipment; and

(2) Carpeting and household appliances;

whether or not attached to buildings.

In order to “guarantee” that carpeting, whether Coverage A or Coverage C, has covered losses settled on a replacement cost basis is dependent on having THIS endorsement attached to the ISO HO form.

There are some who believe “permanently installed carpet over finished floor” is building and look at personal property as “something that you bring with you when you move,” as you stated in your email, but this is a “where it is covered” issue not an “on what basis loss is settled” issue.

So, the moral of THIS story is ALWAYS add the HO 04 90 Personal Property Replacement Cost Loss Settlement Endorsement to each and EVERY HO client!

Happy holidays!  Your association is there for you!

As always, if you have any further questions, please feel free to email me, Irene Morrill, Vice President of Technical Affairs, at [email protected]

This article has been developed expressly for the members of MAIA. Reprint by other than members without the express permissions of the author is not permitted

“My agency has always believed that being a member of MAIA is not optional, it is essential.
Not being a member of MAIA would be like flying by night without instruments.” 

Mark Pijar, CIC, CRIS
A.J. Pijar Insurance, Holyoke, MA 

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