Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 101E (2026)

Reference of amount of loss or sound value of affected property under policy of fire insurance to referees; non-waiver of legal defenses to claim

✓ current as of July 2026

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Section 101E. A company which in compliance with section one hundred or one hundred and one D joins in reference proceedings shall not thereby be held to have waived any legal defense to the claim in respect to which the reference proceedings are held and such proceedings shall fix only the amount of the loss sustained by the insured or the sound value of the property, as the case may be, unless both parties shall agree in writing that the reference shall be held and shall proceed under the provisions of chapter two hundred and fifty-one.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1931–2024 · leading case: Audubon Hill South Condo. Ass'n v. Cmty. Ass'n Underwriters of Am., Inc., 975 N.E.2d 458 (Mass. App. Ct. 2012).

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Audubon Hill South Condo. Ass'n v. Cmty. Ass'n Underwriters of Am., Inc., 975 N.E.2d 458 (Mass. App. Ct. 2012). · cites it 2× “CAU’s reservation of rights letter stated seven times in five paragraphs that it was withholding all issues of liability from the referees and cited G. L. c. 175, § 101E, at its conclusion. It specifically referred to policy language: “In particular a claim of loss by peril such…”

Augenstein v. Ins. Co. of North Am., 360 N.E.2d 320 (Mass. 1977). · cites it 2× “at 317) 9 (the latter point, it may be added, is emphasized by G. L. c. 175, § 101E, set out in the margin 10 ).”

Employers' Liab. Assurance Corp. v. Traynor, 237 N.E.2d 34 (Mass. 1968). “The prime purpose of the statute which requires Massachusetts standard fire insurance policies to contain language requiring the submission of disputes on amounts of loss to referees is to obviate just this type of proceeding and to expedite the equitable settlement of claims.…”

Goldberg v. Lynn Mfrs. & Merchants Mut. Fire Ins., 177 N.E. 83 (Mass. 1931). “There was no evidence of any statement by any one acting for the companies, with or without authority, concerning the furnishing of notice or of sworn proof of loss.”

Dorfman v. Cmty. Ass'n Underwriters of Am., Inc., 15 Mass. L. Rptr. 566 (Mass. Super. Ct. 2003). “G.L.c. 175, §101E. For example, issues of construction of policy terms cannot (without written consent of both parties) be definitively decided by the referees.”

Degen v. Cmty. Assocs. Underwriters of Am., Inc., 23 Mass. L. Rptr. 358 (Mass. Super. Ct. 2007). · cites it 3× “G.L.c. 175, §101E. One such defense is willful misrepresentation or fraud on the part of the insured, which voids the policy: This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed or misrepresented any material fact or…”

The 285 Lynn Shore Drive Condo. Trust v. Seneca Ins. Co. (D. Mass. 2024). “See G.L. c. 175, § 101E and Audubon Hill South Condominium Ass’n v.”

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