Mass. Gen. Laws » Part I Title XXI Chapter 152
Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 65A (2026)

Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees

✓ current as of July 2026
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Section 65A. (1) Any employer whose application for workers' compensation insurance has been rejected or not accepted within five days by two insurers may appeal to the commissioner of insurance and if it shall appear that such employer has complied with or will comply substantially with all laws, orders, rules and regulations in force and effect relating to the welfare, health and safety of his employees, and shall not be in default of payment of any premium for such insurance, then the commissioner shall designate an insurer who shall forthwith, upon the receipt of the payment for the premium therefore, issue to such employer a policy of insurance contracting to pay the compensation provided for by this chapter. The commissioner of insurance shall make equitable distribution of such risks among insurers in a reasonable manner that, so far as practicable, does not discriminate against any insurer or group of insurers. Subject to subsection (4), the commissioner may establish a servicing carrier fee for insurers, third party administrators or other claims service handling companies as authorized by the commissioner which shall be paid by the reinsurance pool established under section sixty-five C, and which shall not be unreasonable or discriminatory.

(2) The commissioner of insurance may delegate his duties under this section to the rating organization designated by him under section sixty-five C to administer the reinsurance pool established under that section; provided, however, that such organization shall adopt rules and procedures for assigning rejected risks, shall incorporate such rules and procedures into its plan of operation subject to the approval of the commissioner under section sixty-five C, and shall each year submit to the commissioner a report of the assigned risks for the preceding year. The commissioner of insurance may, upon reasonable notice to the rating organization designated by him under section sixty-five C and after a hearing, revoke the delegation of authority provided for by this section.

(3) The commissioner may require one or more insurers to be servicing carriers issuing policies of insurance to employers qualified hereunder. The commissioner may also designate third party claims administrators to service claims for policies issued by the plan. The commissioner may competitively bid any contract to service the claims for the plan. The commissioner shall adopt rules and regulations governing the conduct of any third party administrator approved to provide claim services to the plan.

(4)(a) Except as provided under paragraph (b) and (c), the servicing carrier fee shall not exceed twenty-five percent of the total written premium serviced by the servicing carrier or administrator.

(b) The commissioner may authorize an additional service fee of up to five percent of the total written premium serviced by the servicing carrier or administrator. In determining whether to authorize an additional service fee amount the commissioner shall consider:

(i) the performance of the carrier, third party administrator, or other claims service handling companies as authorized by the commissioner in reducing the loss costs of the insured risks to which it was assigned during the previous calendar year;

(ii) evidence that the carrier, administrator, or other claims service handling company as authorized by the commissioner has aggressively and effectively assisted employers to improve workplace safety;

(iii) whether the carrier, administrator, or other claims service handling company as authorized by the commissioner has complied in all respects with established performance standards approved by the commissioner; and

(iv) whether the carrier, administrator, or other claims service handling company as authorized by the commissioner has a superior record in handling and investigating claims promptly and properly.

(c) The commissioner may establish a different service carrier fee than is specified in paragraphs (a) and (b) if the commissioner holds a hearing regarding the appropriate service fee to be established and determines that a different fee is indicated. Thereafter, the commissioner may, after a hearing, establish a new service carrier fee whenever the commissioner determines that such a fee is appropriate.

Notes of Decisions
Cited in 7 cases, 1967–2006 · leading case: Cummings's Case, 754 N.E.2d 715 (Mass. App. Ct. 2001).
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Cummings's Case, 754 N.E.2d 715 (Mass. App. Ct. 2001). · cites it 8× “The issue before us is whether an insurer who, pursuant to G. L. c. 152, § 65A, has been designated to issue a workers’ compensation insurance policy to an employer as an assigned risk, may unilaterally rescind, or otherwise terminate, the policy issued upon realizing that the…”
Westland Hous. Corp. v. Comm'r of Ins., 225 N.E.2d 782 (Mass. 1967). · cites it 5× “" The findings of the judge, from which he concluded that the plaintiffs were "assigned risks within the purview of" G.L.c. 152, § 65A, are considered below. He also concluded that the plaintiffs "have complied with the appropriate requirements concerning the time and manner of…”
Kszepka's Case, 563 N.E.2d 1357 (Mass. 1990). “See G. L. c. 152, § 65A (1988 ed.). The statute was not intended to subject employees’ rights to such an arbitrary factor as the identity of the employer’s insurance carrier, and such an intent should not be read into the statute.”
E. Cas. Ins. v. Comm'r of Ins., 856 N.E.2d 872 (Mass. App. Ct. 2006). · cites it 3× “The testimony of Eastern’s expert witness was no more than a statement that Eastern’s “book” of pool business totally filtered through the mandatory nonrenewal program, whereas the “books” of other carriers servicing employers in the pool had retained risks that had not been…”
Armstrong's Case, 716 N.E.2d 114 (Mass. App. Ct. 1999). · cites it 2× “The policy was an “assigned risk” policy; the Workers’ Compensation Rating and Inspection Bureau of Massachusetts had assigned it to Aetna pursuant to G. L. c. 152, § 65A. In 1987, the employer’s business was located at 135 Mention Street, Blackstone.”
Am. Zurich Ins. v. Dep't of Indus. Accidents, 21 Mass. L. Rptr. 224 (Mass. Super. Ct. 2006). · cites it 2× “Under G.L.c. 152, §65A, an employer who is unable to obtain workers’ compensation coverage in the voluntary market may apply to the Bureau for coverage under the Bureau’s Assigned Risk Pool.”
New England Found. Co. v. Am. Mut. Liab. Ins., 260 N.E.2d 899 (Mass. 1970). “Neither Foundation nor the Company was an assigned risk, so called, under G. L. c. 152, § 65A, during any of the years involved in this case.”
— Mass. Gen. Laws ch. 152, § 65A(1) — 2 cases
E. Cas. Ins. v. Comm'r of Ins., 856 N.E.2d 872 (Mass. App. Ct. 2006). “The testimony of Eastern’s expert witness was no more than a statement that Eastern’s “book” of pool business totally filtered through the mandatory nonrenewal program, whereas the “books” of other carriers servicing employers in the pool had retained risks that had not been…”
Am. Zurich Ins. v. Dep't of Indus. Accidents, 21 Mass. L. Rptr. 224 (Mass. Super. Ct. 2006). “Under G.L.c. 152, §65A, an employer who is unable to obtain workers’ compensation coverage in the voluntary market may apply to the Bureau for coverage under the Bureau’s Assigned Risk Pool.”
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