SECTION 4. Application; exceptions  


Latest version.
  • This chapter shall apply to risks and operations in this commonwealth insured by insurance companies authorized to transact business in this commonwealth under subdivisions (d), (e) and (f) of the Second clause, under the Third, Fourth, and Fifth clauses, under subdivisions (b), and (c) of the Sixth clause, and under the Seventh, Eighth, Ninth, Tenth and Twelfth clauses of section forty-seven of chapter one hundred and seventy-five, even though such risks or operations are covered by policies or contracts of insurance issued pursuant to section twenty-two A of said chapter one hundred and seventy-five providing coverage under the aforementioned and any other clauses or subdivisions, other than subdivision (e) of the Sixth clause, of said section forty-seven of said chapter one hundred and seventy-five which, as part of the coverage thereof, insure real or personal property against loss or damage by fire at residential locations or which, as part of the coverage thereof, insure the output of a manufacturer against such loss or damage by fire at locations other than his manufacturing premises. This chapter shall also apply to insured legal services plans and membership legal services plans under the provisions of chapter one hundred and seventy-six H, and to regulation of rates for such motor vehicle insurance as is provided through the plan approved under section one hundred and thirteen H of chapter one hundred and seventy-five. The provisions of this chapter shall not apply to reinsurance other than joint reinsurance to the extent stated in section thirteen, nor to insurance against loss of or damage to aircraft or against liability arising out of the ownership, maintenance or use of aircraft, nor to motor vehicle liability insurance coverage which is subject to the provisions of section one hundred and thirteen B of chapter one hundred and seventy-five, including those coverages described in section thirty-four A of chapter ninety and section one hundred and thirteen C of said chapter one hundred and seventy-five except as provided through a plan approved under section one hundred and thirteen H of chapter one hundred and seventy-five.

    If any kind of insurance, subdivision or combination thereof, or type of coverage, subject to this chapter, is also subject to regulation by another rate regulatory law of this commonwealth, an insurer to which both laws are otherwise applicable shall file with the commissioner a designation as to which rate regulatory law shall be applicable to it with respect to such kind of insurance, subdivision or combination thereof, or type of coverage.