Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 97.00 - Procedures For Cancellation And Non-renewal Of Motor Vehicle Insurance Policies
Section 97.04 - Content of Notices of Cancellation

Universal Citation: 211 MA Code of Regs 211.97

Current through Register 1531, September 27, 2024

(1) Required Content of Notices of Cancellation. Notices of Cancellation must be in writing and must include the following information:

(a) A title which indicates the nature of the Notice;

(b) The complete name and address of the Person requesting Cancellation;

(c) The complete name and address of the Person to whom the Notice of Cancellation is sent;

(d) The policy number or other identifier specifying the Motor Vehicle Insurance Policy being cancelled;

(e) The date on which the Person intends the Cancellation of the Motor Vehicle Insurance Policy to take effect; and

(f) The Person's specific reason for the Cancellation. An Insurer may not use phrases such as "underwriting reasons" as the reason for Cancellation. An Insurer must inform the Policyholder of the specific facts on which the Insurer based its decision to cancel the Motor Vehicle Insurance Policy.

(2) A Notice of Cancellation that an Insurer issues to a Policyholder also must comply with the following requirements:

(a) If the Cancellation is for non-payment of premium, the Notice of Cancellation shall state clearly the amount of premium and of any applicable fees included in the Insurer's premium payment plan approved by the Commissioner that are owed to the Insurer for the existing Motor Vehicle Insurance Policy and shall state further that the Cancellation will not take effect if the Policyholder pays the full amount of premium and fees owed on or before the effective date of the Cancellation. The Notice of Cancellation shall inform the Policyholder of options for making such payment; and

(b) The Notice of Cancellation shall include the following language, unless the Notice was issued as a result of non-payment of premium for a Motor Vehicle Insurance Policy insuring a motor vehicle registered as a taxicab or public livery use, or unless the Commissioner of Insurance approves alternate language.

IMPORTANT NOTICE TO POLICYHOLDERS: Please read carefully the information below which outlines your legal rights relative to this cancellation. INFORMATION ABOUT MINIMUM INSURANCE REQUIREMENTS

Massachusetts law requires that every motor vehicle registered in Massachusetts carry minimum motor vehicle liability insurance. The Registrar of Motor Vehicles will revoke your registration and license plates on the effective date of cancellation shown in this notice unless:

1. We reinstate your required minimum motor vehicle insurance; or

2. Before the date of cancellation shown in this notice you obtain minimum motor vehicle insurance from another insurance company. The new insurance company must notify the Registrar before the date of cancellation in this notice that it has insured your motor vehicle.

If you are unable to obtain motor vehicle insurance from another insurance company, you may be eligible to obtain motor vehicle insurance through the Massachusetts residual market plan. Almost all insurance agents and all insurance companies are authorized to help you apply for motor vehicle insurance through the plan. If you apply for motor vehicle insurance through the plan, you will be not be able to choose an insurer, but you will be assigned to an insurance company. In some cases, you may not be able to obtain coverage through the plan that is identical to the coverage that was not renewed; or

3. Before the effective date of cancellation shown in this notice you file with the Commissioner of Insurance a written complaint on a form prescribed and furnished by the Commissioner of Insurance. The form is available on the Division of Insurance website by searching "Cancellation Appeal Form" at www.mass.gov/doi or can be obtained by calling the Division's Consumer Service Section at 617-521-7777.

Unless one of the three above actions occurs, the registration for your motor vehicle will be revoked on the effective date of cancellation shown in this notice.

(3) Procedures for Delivering a Notice of Cancellation. The written Notice of Cancellation must be sent to the intended recipient at least 20 days before the proposed effective date of Cancellation of the Motor Vehicle Insurance Policy. The Insurer must notify the Registrar of Motor Vehicles of the Cancellation of a Motor Vehicle Insurance Policy, whether initiated by the Insurer or the Policyholder, in accordance with the procedures prescribed by the Registrar.

(a) Notification Procedures Applicable to Insurers. The Insurer must give written Notice of Cancellation to the Policyholder and to any loss payee identified on the Policyholder's coverage selections or declaration page of the Motor Vehicle Insurance Policy in any of the following ways:
1. Delivery in hand to the Policyholder;

2. Delivery in hand to the Policyholder's last address known to the Insurer (business, residence or other); or

3. Delivery by first class mail forwarded to the Policyholder's last address known to the Insurer (business, residence or other). If the Insurer mails the Notice of Cancellation to the Policyholder, it will not be deemed effective unless the Insurer obtains a certificate of mailing receipt from the United States Postal Service showing the name and ad d ress of the Policyholder to whom the Notice of Cancellation was mailed.

(b) Notification Procedures Applicable to Policyholders. A Policy holder must give written Notice of Cancellation either to the Insurer or by notifying the insurance producer through whom the Policyholder purchased the Motor Vehicle Insurance Policy. Notice of Cancellation may be given by any reasonable means, including hand delivery or first class mail.

(4) Insurer Notice of Reinstatement of a Motor Vehicle Insurance Policy After Issuing Notice of Cancellation. An Insurer that reinstates a Motor Vehicle Insurance Policy after issuing a Notice of Cancellation must notify the Registrar of Motor Vehicles of such reinstatement in accordance with the procedures prescribed by the Registrar.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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