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| 2 | 2 | | HOUSE DOCKET, NO. 2401 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1219 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mary S. Keefe and Joan Meschino |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to surcharges on motor vehicle insurance premiums. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mary S. Keefe15th Worcester1/16/2025Joan Meschino3rd Plymouth1/16/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025Jason M. LewisFifth Middlesex3/3/2025David Paul Linsky5th Middlesex2/25/2025Michael O. MooreSecond Worcester3/6/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2401 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1219 |
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| 18 | 18 | | By Representatives Keefe of Worcester and Meschino of Hull, a petition (accompanied by bill, |
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| 19 | 19 | | House, No. 1219) of Mary S. Keefe, Joan Meschino and others relative to surcharges on motor |
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| 20 | 20 | | vehicle insurance premiums. Financial Services. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1065 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to surcharges on motor vehicle insurance premiums. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 57A of chapter 6C of the General Laws, as appearing in the 2020 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out, in line 21, the figure $1,000 and inserting in |
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| 33 | 33 | | 3place thereof the following figure: – $5,000. |
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| 34 | 34 | | 4 SECTION 2. Section 113B of chapter 175 of the General Laws, as so appearing in the |
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| 35 | 35 | | 52020 Official Edition, is hereby amended by inserting after the word “accidents”, in line 201, the |
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| 36 | 36 | | 6following words:- resulting in a claim payment of more than $5,000, in excess of any applicable |
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| 37 | 37 | | 7deductible. |
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| 38 | 38 | | 8 SECTION 3. Said section 113B of said chapter 175, as so appearing, is hereby further |
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| 39 | 39 | | 9amended by inserting after the word “section”, in line 334, the following words:- ; provided 2 of 2 |
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| 40 | 40 | | 10however, that for purposes of establishing and fixing premium charges, an at-fault accident shall |
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| 41 | 41 | | 11not be a surchargeable incident if the resulting claim payment is equal to or less than $5,000, in |
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| 42 | 42 | | 12excess of any applicable deductible. |
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| 43 | 43 | | 13 SECTION 4. Chapter 175 of the General Laws, as so appearing in the 2020 Official |
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| 44 | 44 | | 14Edition, is hereby amended by striking out section 113B½ and inserting in place thereof the |
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| 45 | 45 | | 15following section:- |
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| 46 | 46 | | 16 Section 113B½. For an at-fault accident claim, a minor accident shall be an accident for |
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| 47 | 47 | | 17which the claim payment, exclusive of any deductible, exceeds $5,000 but is not more than |
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| 48 | 48 | | 18$7,500 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited |
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| 49 | 49 | | 19collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability |
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| 50 | 50 | | 20coverage if there is neither a surchargeable property damage liability coverage claim nor a |
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| 51 | 51 | | 21surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury |
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| 52 | 52 | | 22liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for |
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| 53 | 53 | | 23which the claim payment, exclusive of any deductible, exceeds $7,500 under: (A) property |
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| 54 | 54 | | 24damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for |
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| 55 | 55 | | 25accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither |
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| 56 | 56 | | 26a surchargeable property damage liability coverage claim nor a surchargeable collision coverage |
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| 57 | 57 | | 27claim; or (E) as a result of an accident with a bodily injury liability coverage claim. No motor |
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| 58 | 58 | | 28vehicle liability policy, as defined by section 34A of chapter 90, shall apply an increase in |
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| 59 | 59 | | 29premium as a result of an at-fault accident that does not satisfy the criteria for a minor or major |
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| 60 | 60 | | 30accident. For purposes of this section, “premium” shall mean the cost of a policy, or coverage |
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| 61 | 61 | | 31within a policy, to an individual policyholder based on the particular drivers and motor vehicles |
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| 62 | 62 | | 32insured under the policy. |
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