Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 134.00 - Safe Driver Insurance and Merit Rating Plans
Section 134.05 - Notification of a Claim under Comprehensive Coverage or Personal Injury Protection Coverage
Current through Register 1531, September 27, 2024
All Insurers shall report to the Merit Rating Board claims under Comprehensive Coverage and Personal Injury Protection Coverage in accordance with the MRB Manual(s) in the following circumstances during Fixed-and-established and Competitive Markets:
(1) Claims under Comprehensive Coverage. Within 30 working days of the payment of any Comprehensive Coverage claim for a vehicle subject to 211 CMR 134.00, the Insurer shall notify the Merit Rating Board in the manner specified in the MRB Manual(s).
(2) Claims under Personal Injury Protection Coverage. Within 30 working days of the final payment of any Personal Injury Protection Coverage claim under the Policy for the vehicle involved in the accident and providing coverage to the operator, occupants or pedestrians for a vehicle subject to 211 CMR 134.00, where the Involved Operator is more than 50% at fault for the accident, the Insurer shall notify the Merit Rating Board in the manner specified in the MRB Manual(s). For the purposes of 211 CMR 134.05(2), an at fault Personal Injury Protection Coverage claim paid under the Policy for the vehicle involved in the accident and providing coverage to the operator, occupants or pedestrians shall be any claim made following a single vehicle At-fault Accident or a multiple vehicle At-fault Accident.
(3) Form of Notice to the Merit Rating Board. The Merit Rating Board shall specify in the MRB Manual(s) the form of the Comprehensive Coverage claim notice and the Personal Injury Protection Coverage claim notice, the manner of completing said notices, and the timing of the submission of said notices to the Merit Rating Board.
(4) Failure to Submit. Failure to accurately complete and submit, within the specified time, the Comprehensive Coverage claim notice or the Personal Injury Protection Coverage claim notice required by 211 CMR 134.05(3) to the Merit Rating Board may subject the Insurer to the penalty set forth in 211 CMR 134.16.
(5) Correction of Claim Notices. Failure to correct and return a Comprehensive Coverage claim notice or a Personal Injury Protection Coverage claim notice found to be in error in the manner specified in the MRB Manual(s) may subject the Insurer to the penalty set forth in 211 CMR 134.16.
