(1)
Required Content of Notices of Cancellation. Notices
of Cancellation must be in writing and must include the following information:
(a) A title which indicates the nature of the
Notice;
(b) The complete name and
address of the Person requesting Cancellation;
(c) The complete name and address of the
Person to whom the Notice of Cancellation is sent;
(d) The policy number or other identifier
specifying the Motor Vehicle Insurance Policy being cancelled;
(e) The date on which the Person intends the
Cancellation of the Motor Vehicle Insurance Policy to take effect;
and
(f) The Person's specific
reason for the Cancellation. An Insurer may not use phrases such as
"underwriting reasons" as the reason for Cancellation. An Insurer must inform
the Policyholder of the specific facts on which the Insurer based its decision
to cancel the Motor Vehicle Insurance Policy.
(2) A Notice of Cancellation that an Insurer
issues to a Policyholder also must comply with the following requirements:
(a) If the Cancellation is for non-payment of
premium, the Notice of Cancellation shall state clearly the amount of premium
and of any applicable fees included in the Insurer's premium payment plan
approved by the Commissioner that are owed to the Insurer for the existing
Motor Vehicle Insurance Policy and shall state further that the Cancellation
will not take effect if the Policyholder pays the full amount of premium and
fees owed on or before the effective date of the Cancellation. The Notice of
Cancellation shall inform the Policyholder of options for making such payment;
and
(b) The Notice of Cancellation
shall include the following language, unless the Notice was issued as a result
of non-payment of premium for a Motor Vehicle Insurance Policy insuring a motor
vehicle registered as a taxicab or public livery use, or unless the
Commissioner of Insurance approves alternate language.
IMPORTANT NOTICE TO POLICYHOLDERS: Please read carefully the
information below which outlines your legal rights relative to this
cancellation. INFORMATION ABOUT MINIMUM INSURANCE REQUIREMENTS
Massachusetts law requires that every motor vehicle registered
in Massachusetts carry minimum motor vehicle liability insurance. The Registrar
of Motor Vehicles will revoke your registration and license plates on the
effective date of cancellation shown in this notice unless:
1. We reinstate your required minimum motor
vehicle insurance; or
2. Before the
date of cancellation shown in this notice you obtain minimum motor vehicle
insurance from another insurance company. The new insurance company must notify
the Registrar before the date of cancellation in this notice that it has
insured your motor vehicle.
If you are unable to obtain motor vehicle insurance from
another insurance company, you may be eligible to obtain motor vehicle
insurance through the Massachusetts residual market plan. Almost all insurance
agents and all insurance companies are authorized to help you apply for motor
vehicle insurance through the plan. If you apply for motor vehicle insurance
through the plan, you will be not be able to choose an insurer, but you will be
assigned to an insurance company. In some cases, you may not be able to obtain
coverage through the plan that is identical to the coverage that was not
renewed; or
3. Before the
effective date of cancellation shown in this notice you file with the
Commissioner of Insurance a written complaint on a form prescribed and
furnished by the Commissioner of Insurance. The form is available on the
Division of Insurance website by searching "Cancellation Appeal Form" at
www.mass.gov/doi or can be obtained by
calling the Division's Consumer Service Section at 617-521-7777.
Unless one of the three above actions occurs, the registration
for your motor vehicle will be revoked on the effective date of cancellation
shown in this notice.
(3)
Procedures for Delivering a
Notice of Cancellation. The written Notice of Cancellation must be
sent to the intended recipient at least 20 days before the proposed effective
date of Cancellation of the Motor Vehicle Insurance Policy. The Insurer must
notify the Registrar of Motor Vehicles of the Cancellation of a Motor Vehicle
Insurance Policy, whether initiated by the Insurer or the Policyholder, in
accordance with the procedures prescribed by the Registrar.
(a)
Notification Procedures
Applicable to Insurers. The Insurer must give written Notice of
Cancellation to the Policyholder and to any loss payee identified on the
Policyholder's coverage selections or declaration page of the Motor Vehicle
Insurance Policy in any of the following ways:
1. Delivery in hand to the
Policyholder;
2. Delivery in hand
to the Policyholder's last address known to the Insurer (business, residence or
other); or
3. Delivery by first
class mail forwarded to the Policyholder's last address known to the Insurer
(business, residence or other). If the Insurer mails the Notice of Cancellation
to the Policyholder, it will not be deemed effective unless the Insurer obtains
a certificate of mailing receipt from the United States Postal Service showing
the name and ad d ress of the Policyholder to whom the Notice of Cancellation
was mailed.
(b)
Notification Procedures Applicable to Policyholders. A
Policy holder must give written Notice of Cancellation either to the Insurer or
by notifying the insurance producer through whom the Policyholder purchased the
Motor Vehicle Insurance Policy. Notice of Cancellation may be given by any
reasonable means, including hand delivery or first class mail.
(4)
Insurer Notice of
Reinstatement of a Motor Vehicle Insurance Policy After Issuing Notice of
Cancellation. An Insurer that reinstates a Motor Vehicle Insurance
Policy after issuing a Notice of Cancellation must notify the Registrar of
Motor Vehicles of such reinstatement in accordance with the procedures
prescribed by the Registrar.
