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| 2 | 2 | | SENATE DOCKET, NO. 2387 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 785 |
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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 | | Joan B. Lovely |
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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 insurance claims. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 2387 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 785 |
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| 18 | 18 | | By Ms. Lovely, a petition (accompanied by bill, Senate, No. 785) of Joan B. Lovely for |
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| 19 | 19 | | legislation to further regulate insurance claims. Financial Services. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 4307 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to insurance claims. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 175 of General Laws is hereby amended by inserting after section |
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| 31 | 31 | | 22B the following section:- |
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| 32 | 32 | | 3 Section 2C. It shall be unlawful for a company as defined in section 1 of chapter 175 and |
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| 33 | 33 | | 4any non-admitted or surplus lines insurer to include in a policy of property and casualty |
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| 34 | 34 | | 5insurance any language, form or endorsement, which prohibits any insured from hiring, |
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| 35 | 35 | | 6retaining, engaging, utilizing, consulting or contracting with a public insurance adjuster, as |
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| 36 | 36 | | 7defined in section 162 of said chapter 175,as a condition to recovery under such policy of |
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| 37 | 37 | | 8insurance. Any such language, form or endorsement shall be unenforceable and shall be excised |
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| 38 | 38 | | 9from the policy of insurance with all remaining policy language, forms and endorsements |
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| 39 | 39 | | 10unaffected. 2 of 2 |
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| 40 | 40 | | 11 SECTION 2. Clause (9) of the first paragraph of section 3 of chapter 176D of the General |
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| 41 | 41 | | 12Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following |
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| 42 | 42 | | 13subclause:- |
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| 43 | 43 | | 14 (o) A policy provision in any policy of property or casualty insurance that prohibits an |
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| 44 | 44 | | 15insured from hiring a public adjuster for services provided pursuant to this chapter. |
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