Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 131.00 - Requirements Applicable To Insurance On Liability For Injury From Exposure To Dangerous Levels Of Lead In Dwelling Units
Section 131.02 - Definitions

Universal Citation: 211 MA Code of Regs 211.131
Current through Register 1531, September 27, 2024

As used in 211 CMR 131.00, the following words shall mean:

Buyback coverage. Coverage for lead poisoning liability initially excluded pursuant to 211 CMR 131.08(1) that must be offered in accordance with 211 CMR 131.08.

Commerciallines insurance. Insurance providing coverage for businesses or other commercial entities, such as commercial general liability insurance, commercial package policies, business owners policies, or commercial fire insurance policies which include liability coverage.

Excess and umbrella liability insurance. Insurance providing liability coverage after insurance provided by primary liability insurance or self-insured retention has been exhausted. For liability insurance to be considered excess or umbrella coverage, the limits for underlying coverage or self-insured retention shall be at least $100,000 per occurrence for personal lines insurance and $300,000 per occurrence for commercial lines insurance.

Letter of Full Compliance or Letter of Compliance. Letter of Initial Lead Inspection Compliance, Letter of Lead Abatement Compliance or other letter of compliance issued by a licensed government or private lead inspector pursuant to applicable law and Department of Public Health regulations on lead poisoning prevention and control: provided, however, that a letter of interim control shall not be considered a letter of compliance.

Letter of Interim Control. Letter, other than aletter of compliance, which may be issued by a licensed lead inspector pursuant to M.G.L. c. 111, § 197, in accordance with the requirements of Department of Public Health regulations (105 CMR) and in connection with an emergency lead management plan which has been established to address urgent lead paint hazards until a letter of full compliance is obtained.

Liability insurance policy. Any policy of insurance, except excess or umbrella liability insurance policies, which covers legal liability of owners of residential premises for liability that arises in connection with such premises, and which may also cover certain other types of liability conventionally made available with coverage for liability arising in connection with the premises, and any policy covering predominantly or solely liability for injury from exposure to lead.

Personal lines insurance. Insurance providing both property and liability coverage for individuals and families, such as homeowners insurance policies, dwelling fire policies with a personal liability supplement or separate personal liability policies.

Premises. Any residential premises, dwelling unit or residential property constructed prior to 1978. The residential premises of a building which includes business and residential uses are subject to the requirements of 211 CMR 131.00 applicable to residential premises.

Rates. Rates for insurance written pursuant to 211 CMR 131.00, whether developed on a stand-alone basis or as the product of approved loss costs and loss cost multipliers.

The Massachusetts Lead Law or the Lead Law M.G.L. c. 111, §§ 189A through 199B, inclusive.

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