Massachusetts standard fire insurance policy and related fire-insurance provisions

What this document is

Massachusetts standard fire insurance policy and related fire-insurance provisions: M.G.L. c. 175, ss. 97-102E is a state statute published by malegislature.gov. It is one of the Massachusetts documents that insurance license exam questions are written from, including massachusetts property & casualty, massachusetts personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• M.G.L. c. 175, § 99, Twelfth (Standard form; mortgagee clause)

  “Notwithstanding any other provisions of this policy, if this policy shall be made payable to a mortgagee of the covered real estate, no act or default of any person other than such mortgagee or his agent or those claiming under him, whether the same occurs before or during the term of this policy,...”

• M.G.L. c. 175, § 99, Twelfth (Standard form; cancellation clause, restricted grounds after the protected period)

  “After this policy has been in effect for sixty days, or after sixty days from any anniversary date, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following: (1) nonpayment of premium; (2) conviction...”

• M.G.L. c. 175, § 99, Twelfth (Standard form; reference of loss to three referees)

  “In case of loss under this policy and a failure of the parties to agree as to the amount of loss, it is mutually agreed that the amount of such loss shall be referred to three disinterested men, the company and the insured each choosing one out of three persons to be named by the other, and the...”

• M.G.L. c. 175, § 99, Twelfth (Standard form; limitation of suits and arbitration tolling)

  “No suit or action against this company for the recovery of any claim by virtue of this policy shall be sustained in any court of law or equity in this commonwealth unless commenced within two years from the time the loss occurred; provided, however, that if, within said two years, in accordance...”

• M.G.L. c. 175, § 99, Twelfth (Standard form; concealment, misrepresentation and fraud clause)

  “This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.”

• M.G.L. c. 175, § 99, Fourteenth (Standard form; certificate of municipal liens before paying certain claims)

  “A company shall print on or in all its policies, that notwithstanding any provision to the contrary of any general or special law, said company shall, before paying any claim for loss or damage to real property, other than owner-occupied one, two, three, or four family dwellings, from any hazard,...”

• M.G.L. c. 175 § 99, Twelfth (Standard form; order-of-civil-authority exclusion and firefighting exception)

  “This company shall not be liable for loss by fire or other perils insured against in this policy caused, directly or indirectly, by (a) enemy attack by armed forces, including action taken by military, naval or air forces in resisting an actual or an immediately impending enemy attack; (b)...”

• M.G.L. c. 175 § 99, Twelfth (Standard form; vacancy or unoccupancy exclusion)

  “while the described premises, whether intended for occupancy by owner or tenant, are vacant or unoccupied beyond a period of sixty consecutive days for residential premises of three units or less and thirty consecutive days for all other premises”

• M.G.L. c. 175 § 99, Twelfth (Standard form; other insurance, pro rata liability clause)

  “This company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved.”

• M.G.L. c. 175 § 99, Twelfth (Standard form; payment, replacement, or election to rebuild or repair)

  “the company, within thirty days after the insured shall have submitted a statement, as provided in the preceding clause, shall either pay the amount for which it shall be liable, which amount if not agreed upon, shall be ascertained by award of referees as hereinafter provided, or replace the...”

• M.G.L. c. 175 § 99, Fifteenth (Standard form; notice to building commissioner and board of health before paying a building-damage claim)

  “said insurer shall not pay any claim (1) covering any loss, damage, or destruction to a building or other structure, amounting to one thousand dollars or more, or (2) covering any loss, damage or destruction of any amount, which causes the condition of a building or other structure to render...”

• M.G.L. c. 175 § 100 (Reference of amount of loss under policy of fire insurance to referees; selection of referees)

  “the company shall, within ten days after receiving a written demand from the insured for the reference of the amount of loss to three referees as provided in such policy, submit in writing the names and addresses of three persons to the insured, who shall, within ten days after receiving such...”

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More Massachusetts sources

• M.G.L. Chapter 176D - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance (Secs. 1, 2, 3, 3A, 4, 5, 11)State statute
• Massachusetts accident and health / disability policy provisions: M.G.L. c. 175, ss. 108-108N, 110A-110M, 111State statute
• M.G.L. ch. 176D, Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance (complete chapter)State statute
• Massachusetts insurance contract and general provisions applicable to all insurers: M.G.L. c. 175, ss. 2, 2A, 2B, 3, 181-194State statute
• Massachusetts group and blanket health insurance: M.G.L. c. 175, ss. 110, 110D, 110G, 110I, 110J, 110K, 110LState statute
• Massachusetts group life insurance: M.G.L. c. 175, ss. 133-138AState statute
• Massachusetts life insurance and annuity contracts, including standard policy provisions: M.G.L. c. 175, ss. 118-132A1/2, 139-146A, 149, 204State statute
• Massachusetts Life and Health Insurance Guaranty Association Law: M.G.L. c. 175, s. 146BState statute