Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 110B (2026)

Non-payment of premium of accident, health or individual life insurance policy; termination or lapse of policy; notice; limitation of action

✓ current as of July 2026

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Section 110B. No policy of insurance referred to in section one hundred and eight and no policy of individual life insurance issued or delivered in the commonwealth, except a policy which by its terms is cancellable by the company or is renewable or continuable with its consent, or except a policy the premiums for which are payable monthly or at shorter intervals, shall terminate or lapse for nonpayment of any premium until the expiration of three months from the due date of such premium, unless the company within not less than ten nor more than forty-five days prior to said due date, shall have mailed, postage prepaid, duly addressed to the insured at his last address shown by the company's records, or in case any other person shall have been designated to receive premium notices and written designation of the name and address of such person has been given to the company, then to that person, a notice showing the amount of such premium and its due date. Such notice shall also contain a statement as to the lapse of the policy if no payment is made as provided in the policy. If such a notice is not so sent, the premium in default may be paid at any time within said period of three months. The affidavit of any officer, clerk or agent of the company, or of any other person authorized to mail such notice, that the notice required by this section has been duly mailed by the company in the manner hereinbefore required, shall be prima facie evidence that such notice was duly given. No action shall be maintained on any policy to which this section applies and which has lapsed for nonpayment of any premium unless such action is commenced within two years from the due date of such premium.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1998–2025 · leading case: Brown v. Sav. Bank Life Ins. Co. of Mass., 107 N.E.3d 1163 (Mass. App. Ct. 2018).

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Brown v. Sav. Bank Life Ins. Co. of Mass., 107 N.E.3d 1163 (Mass. App. Ct. 2018). “Leaving to one side whether § 110B is a statute of repose or a statute of limitation, the suit here is not one brought "on [the] policy," see part (i), supra , and § 110B does not apply.”

Maifeld v. West Coast Life Ins. (In re Maifeld), 495 B.R. 127 (Bankr. D. Mass. 2013). · cites it 2× “Mass. Gen. Laws ch. 175, § HOB He first argues that the policy cannot have expired before his mother’s death because Mass.”

Kavanagh v. New York Life Ins., 170 F.3d 253 (1st Cir. 1999). “The common law rule that insurance lapses upon the nonpayment of premiums was modified slightly in 1939 by Mass. Gen. Laws ch. 175, § 110B. See infra.”

Cimon v. Berkshire Life Ins, 401 F.3d 1 (1st Cir. 2005). · cites it 3× “The district court granted Guardian’s motion for summary judgment based on its finding that, under Mass. Gen. Laws ch. 175, § 110B, 14 Ralph’s policy automati *5 cally terminated when he failed to pay the December 2000 premium within three months of its due date.”

Fraser v. Prudential Ins. Agency, LLC. (D. Mass. 2018). · cites it 2× “In their objection to the District Judge’s adoption of the Report and Recommendation, Plaintiffs cited Mass. Gen. Laws ch. 175, § 110B and asserted that it applies to the Policy.”

Hickman v. Pruco Life Ins. Co. (D. Mass. 2024). · cites it 2× “at 5]; Mass. Gen. Laws ch. 175, §110B (“The affidavit of any officer, clerk or agent of the company, or of any other person authorized to mail such notice, that the notice required by this section has been duly mailed by the company in the manner hereinbefore required, shall be…”

Matza v. Grant, 17 Mass. L. Rptr. 565 (Mass. Super. Ct. 2004). · cites it 2× “Grant failed to answer the complaint, and default judgment entered against him on January 14, 2004.”

Robert Sheinkopf (Individually), Sybil Sheinkopf (Individually), & Marilyn Sheinkopf Newman & Laure Sheinkopf as Trs. of the Robert Sheinkopf Fam. Irrevocable Trust v. Pac. Life Ins. Co. (Mass. Super. Ct. 2025). “Whether a party “has satisfied a contractually imposed duty to use reasonable care is tested by reference to -------------------------------------------- [2] Plaintiffs’ argument that Pacific Life also had a statutory duty under G.L. c. 175, § 110B, to provide notice to the…”

Kavanagh v. New York Life Ins., 996 F. Supp. 74 (D. Mass. 1998). “New York Life argues that termination of the policy is governed instead by Mass.Gen.L. ch. 175, § 110B, with which New York Life clearly complied.”

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