Massachusetts § 102B - Combination policies; mutual companies

§ 102B. Combination policies; mutual companies

Section 102B. The provisions of sections seventy-six, eighty, eighty-one, eighty-three, ninety-six, ninety-eight, one hundred, one hundred and one and one hundred and two shall apply to policies issued under section one hundred and two A, to dividends and assessments and to reference proceedings and to claims thereunder except as hereinafter provided.

The person insured under such a policy issued by mutual companies shall be deemed to be a member of each company while the policy is in force and entitled to one vote at the meetings of each company.

The notice, endorsement and statement required by said sections seventy-six, eighty and eighty-one, respectively, shall be in such form and in such place on the policy as the commissioner may prescribe.

The dividends under said section eighty, the contingent mutual liability of the insured fixed by said sections eighty-one and eighty-three and the liability of each company for the proportionate excess mentioned in said section ninety-six shall be computed or based on such proportion of the total premium for the policy as the amount insured by such company bears to the total amount insured under the policy.

The notice to policyholders required by said section eighty shall be sent by each such company to the insured. The provisions of section ninety-eight shall apply to the application, if any, of the insured to each such company and to their by-laws.

The written request by the insured for a reference under said section one hundred, the written notice of a claim authorized by said section one hundred and two or the sworn statement upon the written demand by a company as provided in said section one hundred and two may be made or given to any one of such companies or, in the case of said notice, to the agent of any one of such companies, and such request, notice or statement so made or given shall be deemed valid and sufficient as to all such companies. The request for a sworn statement under said section one hundred and two may be made by any such company, and such request shall be deemed a sufficient request upon the insured as to all of such companies. All such companies shall, upon the written request under section one hundred being made to any one of such companies, join in the reference proceeding and shall jointly exercise the powers and perform the duties imposed upon a company by said section.

Nothing in this section shall be construed as affecting, except as provided herein, any provision of law relative to the rights, powers, duties and liabilities of mutual fire companies and persons insured thereby.