Section 102. The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon the occurrence of loss or damage by fire shall not preclude recovery therefor, if the insured, forthwith upon the occurrence thereof, gives written notice of the fire, and the location thereof, to the company and if the insured, immediately upon receipt of any written request so to do made by the company forthwith after it receives such written notice, renders such sworn statement to the company. If, after receiving such written notice, the company does not forthwith make a written request for the sworn statement, the periods of time within which the company shall, as provided in such policy, pay the amount for which it is liable, or replace the property, or notify the insured of its intention to rebuild or repair the premises, shall be computed from the time when the company receives such written notice.
If such an insured fails both to render a sworn statement as required by the policy and to give such a written notice as aforesaid and if the company sends an agent or representative to the insured for the purpose of investigating, estimating or appraising the loss or damage or adjusting the claim therefor, such failure shall not preclude recovery under the policy; provided, that the insured, immediately upon receipt of any written request so to do made by the company forthwith after the sending of an agent or representative as aforesaid, renders said sworn statement to the company. If, after sending the agent or representative as aforesaid, the company does not forthwith make a written request for the said sworn statement, the periods of time aforesaid shall be computed from the time when the agent or representative was so sent.
If such an insured renders said sworn statement forthwith in compliance with a written request made by the company as hereinbefore provided, the periods of time aforesaid shall be computed from the time when the company receives said sworn statement.
A written notice under this section may be given, and the sworn statement specified in said standard form may be rendered, to the company at its home office or at the office of the agent who issued or executed the policy or to the said agent.
The provisions of this section shall also apply in case of claims for loss or damage from any hazard other than fire insured against under such a policy.
Notes of Decisions
River Farm Realty Trust v. Farm Fam. Cas. Ins. Co., 943 F.3d 27 (1st Cir. 2019).
“They instead argue that FFI waived this requirement and that the information River Farm provided to FFI in November 2015 serves as a substitute for a sworn proof of loss under Massachusetts General Laws chapter 175.”
Ben Elfman & Sons, Inc. v. Home Indem. Co., 576 N.E.2d 670 (Mass. 1991).
· cites it 2× “” With respect to the claim for business interruption loss, the judge ruled that, under G. L. c. 175, § 102, the defendant “waived its right to a proof of loss by *18 never requesting a proof from the insured after it received notice of the loss [October 17, 1988],” and that,…”
Romanos v. Home Ins., 246 N.E.2d 173 (Mass. 1969).
· cites it 2× “Nor can the plaintiff rely in the circumstances of this case on G. L. c. 175, § 102. 3 He seeks relief from his obligation to file his statement "forthwith” on the ground that an agent for Home appointed an adjuster shortly after the fire.”
Hannuniemi v. Carruth, 179 N.E. 597 (Mass. 1932).
· cites it 2× “In his brief he states the issue to be whether the plaintiff gave notice to the defendant company forthwith, as provided in G. L. c. 175, § 102. The terms of the policy of insurance required the plaintiff to render to the company forthwith after the fire the sworn statement…”
Moran v. Phoenix Ins., 390 N.E.2d 1139 (Mass. App. Ct. 1979).
“175, § 102, the second paragraph of which provides in part: "If such an insured [under a standard form fire policy] fails both to render a sworn statement as required by the policy and to give such a written notice ... and if the company sends an agent or representative to the…”
Epstein v. Nw. Nat'l Ins., 166 N.E. 749 (Mass. 1929).
“The final question is, Has the plaintiff complied with the requirements of the policy or statute with respect to time of notice and statement of proof of loss? or, if not, Were the requirements, so far as not performed, waived? G. L. c. 175, § 102, so far as pertinent to the…”
Vasaris v. Nat'l Liberty Ins. Co. of Am., 172 N.E. 99 (Mass. 1930).
“175; and, therefore, the provisions of G. L. c. 175, § 102 which forbid the insurer to rely in defence upon failure to make the sworn statement of loss mentioned in a standard policy, do not apply here.”
Nichols v. Cont'l Ins., 265 Mass. 509 (Mass. 1929).
“G. L. c. 175, § 102, provides that “In case of loss under any fire insurance policy in the standard form .”
Landgren v. Aetna Life & Cas. Co., 322 N.E.2d 417 (Mass. 1975).
“Even assuming that the plaintiffs accident or loss notice satisfied her obligation under her policy to notify Aetna of the loss and deferred any obligation to file a proof of loss (see G. L. c. 175, §§ 102, 186B), the plaintiff violated the policy requirement that she do nothing…”
Arlington Nat'l Bank v. Travelers Ins., 53 Mass. App. Dec. 113 (Mass. Dist. Ct., App. Div. 1974).
“’ ’ That part of G.L. c. 175, § 102 relevant to the case at bar is as follows: “The failure of the insured under a fire policy in the standard form prescribed by section ninety-nine to render the sworn statement specified therein forthwith upon *118 the occurrence of loss or…”
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