Massachusetts § 184 - Application of Secs. 182 and 183

§ 184. Application of Secs. 182 and 183

Section 184. Sections one hundred and eighty-two and one hundred and eighty-three shall apply to all kinds of insurance, including contracts of corporate suretyship, except insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies. The said sections shall not prohibit any company from paying a commission to another company or to any person who is duly licensed as an insurance agent of such company or as an insurance broker and who holds himself out and carries on business in good faith as such, or prohibit any such person or any company from receiving a commission in respect to any policy under which he or it is insured, or in respect to any annuity or pure endowment contract held by him; nor shall said sections prohibit a life company from paying to any one of its employees, other than an insurance agent, who has been employed by it for at least one year a commission or commissions, or such employee from receiving a commission or commissions, in respect to accident and sickness insurance issued under section one hundred and eight insuring the employee or the employee and his dependents, and in respect to so much of the face amount of any policy or policies of insurance on his life at any time outstanding as does not exceed twenty-five thousand dollars; nor shall said sections apply to (1) a distribution, without special favor or advantage, by mutual companies to policyholders of savings, earnings or surplus without specification thereof in the policy, or (2) the furnishing to the insured of information or advice by any company, officer, agent or broker with regard to any risk for the purpose of reducing the liability of loss, or (3) the payment or allowance to the insured of a return premium upon the cancellation or surrender of a policy, or of a cash surrender or other value upon the lapse or surrender of a policy of life or endowment insurance or upon the exchange, alteration or conversion of any such policy under section one hundred and thirty-nine, or (4) the payment to or the receipt by the holder of a group policy of accident and health insurance issued pursuant to clause (j) of the first sentence of subdivision (A) of section one hundred and ten or of involuntary unemployment insurance issued pursuant to clause (a) of section one hundred and seventeen D or of life insurance issued pursuant to clause (c) of the first paragraph of section one hundred and thirty-three, for which rates are determined pursuant to section one hundred and seventeen C or pursuant to section one hundred and seventeen D, of a service charge; provided, however, that where said holder is offering or enrolling obligors in said group policy without being licensed pursuant to section one hundred and sixty-three, except where no identifiable charge is made to the insured, said holder is deemed to be in the business of insurance solely for the purposes of chapter one hundred and seventy-six D; provided, further, that any action by the commissioner under said chapter one hundred and seventy-six D shall be limited to said holder's activities with respect to said insurance products; provided, further, that the licensed entity or entities which marketed said insurance products to said holder shall provide training to said holder in the offering of said insurance products and at least annually shall review the activities of said holder to assure that said insurance products are being properly administered; and provided, further, that nothing in this clause shall permit licensing of insurance agents where it would otherwise be prohibited nor shall be deemed to limit or restrict any other legal obligations and responsibilities of licensed entities.