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 131.13 - Disclosure Forms
Universal Citation: 211 MA Code of Regs 211.131
Current through Register 1531, September 27, 2024
(1) Insurers shall provide to insureds or prospective insureds disclosure notices summarizing the coverage which they provide or make available for lead poisoning liability insurance with respect to all policies issued or renewed. Such notices shall indicate:
(a) whether the policy is intended
to exclude coverage for injury or damage which results from exposure to
dangerous levels of lead in dwelling units;
(b) that such exclusions may not be applied
to premises to which a letter of compliance or letter of interim control is in
effect;
(c) that buyback coverage
is available for an additional charge in the event that the insurer intends to
apply such an exclusion to premises for which no letter of compliance or letter
of interim control is in effect;
(d) that buyback coverage elected within 30
days of receipt of an offer of such coverage will be deemed effective on the
inception date of the policy, and that buyback coverage elected after 30 days
of receipt of an offer will be effective on the date of the request by the
insured, unless otherwise agreed by the insured and the insurer;
(e) that if the owner of residential premises
brings his or her premises into compliance during the term of the policy as
stated in
211
CMR 131.05, coverage will be added for lead
poisoning liability arising from exposure which occurs on and after the date
the added coverage is effective;
(f) that if a new owner brings his or her
premises into compliance in the manner indicated in
211 CMR
131.06, the new owner shall be provided
coverage back to the date he or she took title, or from the effective date of
the policy, if the owner did not obtain insurance until after the date of
taking title;
(g) that, for an
insured to qualify for coverage provided in accordance with
211
CMR 131.04,
131.05
and
131.06,
an insurer may require an insured to provide a copy of any letter of compliance
or interim control that is in effect with respect to any premises or portion of
premises for which such insurance is sought;
(h) that lead poisoning liability coverage
provided in accordance with
211
CMR 131.04,
131.05
and
131.06
shall be provided to any dwelling unit for which a letter of interim control or
letter of compliance is in effect, regardless of whether such letters are in
effect with respect to other units in the same building;
(i) that, when lead poisoning liability
coverage is provided in accordance with
211
CMR 131.04, and
131.06
on any unit or portion of premises for which a letter of compliance or letter
of interim control is in effect, such coverage will apply only to lead
poisoning liability claims arising from the portion of the premises covered by
such a letter; and
(j) the limits
of the lead poisoning liability coverage being provided or offered.
(2) At the same time that insurers provide to insureds the disclosure notice specified in 211 CMR 1 3 1 .13(1), insurers shall provide an additional disclosure notice describing the requirements of M.G.L. c. 111, § 189A through 199B (the Massachusetts Lead Law). Such notice is available from the Division of Insurance, which shall determine its form and content.
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