1 of 1
HOUSE DOCKET, NO. 2743 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1065
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mary S. Keefe and Joan Meschino
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to surcharges on motor vehicle insurance premiums.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mary S. Keefe15th Worcester1/16/2023Daniel M. Donahue16th Worcester1/24/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Carmine Lawrence Gentile13th Middlesex1/28/2023Brian W. Murray10th Worcester1/29/2023 1 of 2
HOUSE DOCKET, NO. 2743 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1065
By Representatives Keefe of Worcester and Meschino of Hull, a petition (accompanied by bill,
House, No. 1065) of Mary S. Keefe, Daniel M. Donahue and others relative to surcharges on
motor vehicle insurance premiums. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1134 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to surcharges on motor vehicle insurance premiums.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 57A of chapter 6C of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out, in line 21, the figure $1,000 and inserting in
3place thereof the following figure: – $5,000.
4 SECTION 2. Section 113B of chapter 175 of the General Laws, as so appearing in the
52020 Official Edition, is hereby amended by inserting after the word “accidents”, in line 201, the
6following words:- resulting in a claim payment of more than $5,000, in excess of any applicable
7deductible.
8 SECTION 3. Said section 113B of said chapter 175, as so appearing, is hereby further
9amended by inserting after the word “section”, in line 334, the following words:- ; provided 2 of 2
10however, that for purposes of establishing and fixing premium charges, an at-fault accident shall
11not be a surchargeable incident if the resulting claim payment is equal to or less than $5,000, in
12excess of any applicable deductible.
13 SECTION 4. Chapter 175 of the General Laws, as so appearing in the 2020 Official
14Edition, is hereby amended by striking out section 113B½ and inserting in place thereof the
15following section:-
16 Section 113B½. For an at-fault accident claim, a minor accident shall be an accident for
17which the claim payment, exclusive of any deductible, exceeds $5,000 but is not more than
18$7,500 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited
19collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability
20coverage if there is neither a surchargeable property damage liability coverage claim nor a
21surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury
22liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for
23which the claim payment, exclusive of any deductible, exceeds $7,500 under: (A) property
24damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for
25accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither
26a surchargeable property damage liability coverage claim nor a surchargeable collision coverage
27claim; or (E) as a result of an accident with a bodily injury liability coverage claim. No motor
28vehicle liability policy, as defined by section 34A of chapter 90, shall apply an increase in
29premium as a result of an at-fault accident that does not satisfy the criteria for a minor or major
30accident. For purposes of this section, “premium” shall mean the cost of a policy, or coverage
31within a policy, to an individual policyholder based on the particular drivers and motor vehicles
32insured under the policy.