Massachusetts § 113S - Inspection of vehicles prior to provision of coverage

§ 113S. Inspection of vehicles prior to provision of coverage

Section 113S. (a) For purposes of this section, ''existing customer'' shall mean an applicant for a motor vehicle liability policy who has been insured for three years or longer without interruption under a motor vehicle liability policy or policies issued by the insurer to which the applicant's application is submitted.

(b) A motor vehicle liability policy shall not provide fire and theft coverage or comprehensive coverage, so-called, or collision or limited collision coverage for a private passenger motor vehicle prior to an inspection of that motor vehicle by the insurer, unless:

(1) the motor vehicle is new;

(2) the applicant for such coverage is an existing customer of the insurer;

(3) the motor vehicle is already insured for such coverages with the insurer by the applicant; or

(4) as provided in paragraph (2) of subsection (c).

(c) The commissioner shall promulgate regulations which shall:

(1) provide that insurers shall offer inspection at locations and at times reasonably convenient to the insured. Where an inspection is required pursuant to this section, it shall be conducted by the insurer or its authorized representative and shall be recorded on a form prescribed by the commissioner. Such form shall be retained by the insurer with its policy records for the insured and a copy of such form shall be made available to the insured upon request.

(2) provide that the inspections required in this section shall be waived under circumstances specified in the regulation. Such circumstances may include, but are not limited to:

(i) When requiring an inspection would cause a serious hardship to the insurer, the insured or an applicant for insurance;

(ii) When the insurer has no inspection facility or authorized representative either in the city or town in which the motor vehicle is principally garaged or within five miles of the said city or town.

(3) provide that such inspections shall include at least the following:

(i) taking a physical imprint of the vehicle identification number of the vehicle or otherwise record the vehicle identification number in a manner satisfactory to the commissioner;

(ii) taking two color photographs of the car at angles which show the front, back and side of the vehicle;

(iii) recording the presence of such accessories as the commissioner shall designate; and

(iv) recording the location of and a description of existing damage to the vehicle.

(d) A motor vehicle liability policy shall not provide fire and theft coverage or comprehensive coverage, so-called, or collision or limited collision coverage for any motor vehicle for which a salvage certificate has been issued by the registrar of motor vehicles, unless a new certificate of title has been issued pursuant to section twenty D of chapter ninety D. Notwithstanding the foregoing, any insurer, authorized to issue motor vehicle liability policies may, but shall not be compelled to, issue a special policy or endorsement providing fire and theft coverage and/or comprehensive coverage, so-called, or collision or limited collision coverage for any motor vehicle having a salvage title, on such terms and conditions and subject to such inspections as the insurer shall require.