Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 100 (2026)

Reference of amount of loss under policy of fire insurance to referees; selection of referees

✓ current as of July 2026

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Section 100. If a claim is presented under any policy of fire insurance issued on property or interests in the commonwealth in the standard form set forth in the preceding section, and if the parties fail to agree as to the amount of loss, the company shall, within ten days after receiving a written demand from the insured for the reference of the amount of loss to three referees as provided in such policy, submit in writing the names and addresses of three persons to the insured, who shall, within ten days after receiving such names, notify the company in writing of his choice of one of the said persons to act as one of said referees.

The insured shall submit in writing the names and addresses of three persons to the company, which shall, within ten days after receiving such names, notify the insured in writing of its choice of one of said persons to act as one of said referees.

If, at the expiration of ten days from the choice of the second referee, the two referees chosen as hereinbefore provided, shall not have agreed upon and selected a person to act as the third referee, then either of the said referees or parties may make written application on oath to the commissioner in such form as he may prescribe, for the appointment of the third referee and the commissioner shall, after such summary inquiry or hearing, if any, as he may deem expedient, appoint a person to serve as the third referee and shall notify such person and the parties in writing of such appointment.

Notes of Decisions

Cited in 11 cases, 1929–2015 · leading case: Trempe v. Aetna Cas. & Sur. Co., 480 N.E.2d 670 (Mass. App. Ct. 1985).

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Trempe v. Aetna Cas. & Sur. Co., 480 N.E.2d 670 (Mass. App. Ct. 1985). · cites it 3× “See G. L. c. 175, § 100. Although under that statute, Aetna should have responded within ten days, it did not do so until February 15, 1978.”

Audubon Hill South Condo. Ass'n v. Cmty. Ass'n Underwriters of Am., Inc., 975 N.E.2d 458 (Mass. App. Ct. 2012). “See G. L. c. 175, § 100 (specifying the process of referee selection).”

O'Connor v. Merrimack Mut. Fire Ins., 897 N.E.2d 593 (Mass. App. Ct. 2008). “See G. L. c. 175, § 100. The referees awarded O’Connor more than the amount Merrimack had determined to be due but less than the policy limit.”

Augenstein v. Ins. Co. of North Am., 360 N.E.2d 320 (Mass. 1977). “Submitted on the motion for judgment on undisputed facts was a letter from counsel for the insurer to the Commissioner of Insurance dated September 17, 1969, evidently concerning the appointment of a third referee under the procedure of G. L. c. 175, § 100. The letter stated in…”

Nat'l Fire Ins. v. Goggin, 166 N.E. 758 (Mass. 1929). “G. L. c. 175, § 100. The referees designated August 25, 1927, as the time and the premises where the insured buildings were located as the place for the first meeting of the referees.”

Wiggin v. Nat'l Fire Ins., 170 N.E. 795 (Mass. 1930). · cites it 2× “The plaintiff was third referee appointed by the insurance commissioner, pursuant to G. L. c. 175, § 100, as amended by St. 1924, c.”

Miles v. Great N. Ins., 656 F. Supp. 2d 218 (D. Mass. 2009). “In October, 2006, the plaintiffs made a written demand to have three “referees” establish the amount of loss pursuant to M.G.L. c. 175, § 100. On May 16, 2007, the referees determined that the replacement cost value of the house damaged in the fire was $890,567, the actual cash…”

Hawley v. Preferred Mut. Ins. Co., 36 N.E.3d 1284 (Mass. App. Ct. 2015). “We note, however, that G. L. c. 175, § 100, allows the insurer ten days to respond to a request for reference, and another ten days thereafter for the insured to reply.”

Goldberg v. Lynn Mfrs. & Merchants Mut. Fire Ins., 177 N.E. 83 (Mass. 1931). “” He met the plaintiff but could not agree upon the loss; and, in November, 1929, nearly eleven months after the fire, referees were appointed pursuant to G. L. c. 175, § 100, as amended by St. 1927, c.”

Bertrand v. Merrimack Mut. Fire Ins., 2010 Mass. App. Div. 85 (Mass. Dist. Ct., App. Div. 2010). “See G.L.c. 175, §100. The award also indicates that it was “[ejxecut-ed in triplicate.”

C&W Indus., Inc. v. Sentry Ins., 2 Mass. L. Rptr. 437 (Mass. Super. Ct. 1994). “The appropriate deadline for reference in a fire insurance case is setoutin M.G.L.c. 175, §100, which reads in pertinent part: If a claim presented under any policy of fire insurance issued on property or interests in the commonwealth in the standard form set forth in .”

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