Paying Commission To An Employee With An Expired License

*This question was answered based on current rules, regulations, and statutes in effect as of August 2024. Question One of our employees had their producer license expire because they did not achieve the required continuing education credits. In MA, you may reinstate your license within 12 months of the missed renewal deadline for a late…

Rebating

*This question was answered based on current rules, regulations & statutes in effect as of July 2023. Question Good afternoon; I have a hypothetical. Can a licensed Insurance Agent or Producer accept Gift cards from Glass Companies? If yes, is there a limit on the gift card that an agent or producer can accept? Thank…

Charging Fees

Question Charging Fees:  This question was answered based upon current rules, regulations & statutes in effect on July, 2022: Good afternoon.  I am considering charging fees for: Registry services Making payments on behalf of the insured and passing on consultation fees that I incur for resolving a problem with the FMCSA   Answer Kathy Cormier: I believe…

Interpreter Needed

Question Interpreter Needed This question was answered based upon current rules, regulations & statutes in effect on August 9, 2021 We seem to have more and more auto leads coming in from “out of town” (Boston). I understand we are not allowed to decline the business solely based on the territory. Some of these people do…

Is This Fraud

Question Is This Fraud This question was answered based upon current rules, regulations & statutes in effect on April 06, 2021 Trying to help a client and this situation arose:  She said she got a quote from Liberty Mutual for auto but never agreed to a policy.  Liberty Mutual is saying they have her on a…

Vehicle Sale to a Minor

Vehicle Sale to a Minor QUESTION This question was answered based upon current rules, regulations & statutes in effect on April 29, 2019 We have an Insured who is 16 and has a valid mass drivers license.  He was trying to purchase a vehicle and the dealership is telling him he cannot register the vehicle…

Ride Share Coverage

Ride Share Coverage QUESTION This question was answered based upon current rules, regulations & statutes in effect on March 11, 2019 I have a prospect who contacted me about covering her new ride share business here in Boston. I have access to the James River Program which is $125,000 MP but is apparently the sole…

MA Laws Regarding Cancellation

MA Laws Regarding Cancellation QUESTION This question was answered based upon current rules, regulations & statutes in effect on February 05, 2019 Can you send me the link to the Mass law regarding non-pay cancellations? We always enforce it here but clients are constantly saying “I’ve never heard of this”. I feel like I’ve Googled…

Record Retention

Record Retention QUESTION This question was answered based upon current rules, regulations & statutes in effect on January 23, 2018 Do you know what the rules/laws are regarding keeping old files. In January 2017, we started to scan all of our documents. We still have files from 2016 back to 2012 in some cases. I…

Notice of Non-Renewal MAP

Notice of Non-Renewal MAP QUESTION This question was answered based upon current rules, regulations & statutes in effect on December 05, 2018 We have a renewal policy in for a client for 01/23/19 and  the client has 10 points and may file another claim.  What is the time element the company can issue a non…

Auto Sales to Minors

Auto Sales to Minors QUESTION This question was answered based upon current rules, regulations & statutes in effect on September 19, 2017 Can a Mass car dealer refuse to sell a vehicle to someone who is under 18years?  The vehicle would be paid in full.  No loan  

Cancellation Law and Terms of Days

Cancellation Law and Terms of Days QUESTION This question was answered based upon current rules, regulations & statutes in effect on August 1, 2017 Do you know where we can find the Massachusetts Law regarding required cancellation notice in terms of minimum days the insurance company must provide to the named insured? Specifically, we are…

Cancellation Law and Terms of Days

Cancellation Law and Terms of Days QUESTION This question was answered based upon current rules, regulations & statutes in effect on August 1, 2017

Tenant Relocation 2

Tenant Relocation 2 QUESTION My question is, I have an excess carrier who states, that being an excess carrier, and they do not have to provide tenant relocation on a 3 family dwelling. I advised that I understood that it was mandatory and either way, could they provide (HO2371). Your opinion/facts?

Commission Paid to Deceased Person

Commission Paid to Deceased Person QUESTION This question was answered based upon current rules, regulations & statutes in effect on July 16, 2016

Non Competes

Non Competes QUESTION Hi Dan! Recently hired a person in our PL Customer service department who speaks fluent Spanish. a result, she developed a substantial following of family, friends and miscellaneous clients at her prior agency. family, etc. want to follow her and to date one or two have tried to come over and of…

Fees to Clients

Fees to Clients QUESTION This question was answered based upon current rules, regulations & statutes in effect on September 15, 2016

Surplus Lines Tax

Surplus Lines Tax QUESTION One of my wholesalers is telling me that the surplus lines tax is applicable to the inspection fee in addition to the premium as it is charged by the insurance company. Never seen this before. You shed some light?

Adverse Notice

Adverse Notice QUESTION This question was answered based upon current rules, regulations & statutes in effect on April 27, 2016 Regarding adverse action notices that agencies are required to send clients when quotes are declined: this only apply when rating a policy in a carrier website, where quotes can be officially declined, or does it…

Notify Customers on Sale of Agency

Notify Customers on Sale of Agency QUESTION We are selling the agent. Attorney raised the question of when and if appropriate to notify customers of the sale and transfer of records/personal information. Assume that that needs to occur, but was unsure if there was any requirement to do so?

Changes in Terrorism Exclusions – Fire Following Coverage?

Changes in Terrorism Exclusions – Fire Following Coverage? QUESTION This question was answered based upon current rules, regulations & statutes in effect on May 10, 2016

Getting Rid of a Ceded Auto Insured

Getting Rid of a Ceded Auto Insured QUESTION

Dealer Document Prep. Fees

Dealer Document Prep. Fees QUESTION This question was answered based upon current rules, regulations & statutes in effect on April 3, 2017

Must a Licensed Producer be on Premises at all Times

Must a Licensed Producer be on Premises at all Times QUESTION Does a licensed insurance agent need to be on site for all hours that an agency is open? There somewhere where I could find the legal requirements for the agency? are questioning this as we have a difference of opinion on the matter and…

Rate Increase due to Age – Is that legal

Rate Increase due to Age – Is that legal QUESTION  

Referrals from Car Dealers

Referrals from Car Dealers QUESTION This question was answered based upon current rules, regulations & statutes in effect on March 9, 2017 Hello, my question is regarding referral fees. Is it legal to pay for leads in MA, specifically to auto dealers? I found this old newsletter with some guidance: https://www.massagent.com/info/maaugust302012.pdf Is this information still relevant?

Record Retention 1

Record Retention 1 QUESTION This question was answered based upon current rules, regulations & statutes in effect on September 19, 2016 What are the laws in MA for client file retention? How many years? Needs to be kept? Between actives files and dead files? We need to do some file cleansing in one of our…

Record Retention 2

Record Retention 2 QUESTION What are the laws in MA for client file retention? How many years? Needs to be kept between actives files and dead files?

Unlicensed CSR’s

Unlicensed CSR’s QUESTION So many agencies allow unlicensed customer service reps to quote, discuss coverage, take applications and premium on new business. Changes to policies by adding new cars, adding coverage and answer questions about coverage. Times the agent is not in the office when this activity is happening. These CSR’s be licensed? goes on…

Change of Commission Structure

Change of Commission Structure QUESTION This question was answered based upon current rules, regulations & statutes in effect on September 29, 2016