Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 131 (2026)

Endorsement or attachment of application as a part of policy of life or endowment insurance

✓ current as of July 2026

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Section 131. Unless a correct copy of the application is endorsed upon or attached to a policy of life or endowment insurance, when issued, the application shall not be considered a part of the policy or received in evidence for any purpose. Every such policy which contains a reference to the application, either as a part of the policy or as having any bearing thereon, shall have endorsed thereon or attached thereto, when issued, a correct copy of the application.

Notes of Decisions

Cited in 11 cases, 1927–2006 · leading case: Opara v. Massachusetts Mut. Life Ins., 441 Mass. 539 (Mass. 2004).

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Opara v. Massachusetts Mut. Life Ins., 441 Mass. 539 (Mass. 2004). · cites it 3× “Nearly one century ago, this court determined that the requirements currently contained in G. L. c. 175, §§ 131 and 132 (3) — which essentially prevent insurers from denying coverage based on alleged misrepresentations in an application for life insurance unless that application…”

John Hancock Mut. Life Ins. v. Banerji, 447 Mass. 875 (Mass. 2006). · cites it 4× “539 (2004) (Opara) (concerning cognate attachment statute for life insurance policies, G. L. c. 175, § 131). Specifically at issue is whether an insurer may rely on a statement made by an insured in his application for future earnings protection (FEP) benefits in order to deny…”

Pahigian v. Mfrs.' Life Ins., 206 N.E.2d 660 (Mass. 1965). · cites it 2× “Second, the company urges that G. L. c. 175, § 131, does not apply because the policy was issued at the company’s head office in Toronto, Canada.”

Salisbury v. Monumental Life Ins., 1 F. Supp. 2d 97 (D. Mass. 1998). · cites it 8× “G.L. c. 175, § 131 applies to the policy at issue, and Monumental is therefore barred from relying on any misstatements in the portions of the application that were not attached to the policy.”

John Hancock Mut. Life Ins. v. Banerji, 815 N.E.2d 1091 (Mass. App. Ct. 2004). “212, 214 (1905) (referring to precursor to G. L. c. 175, § 131, statute “plainly has reference to an application upon which the original policy is issued”).”

Flanagan v. John Hancock Mut. Life Ins., 208 N.E.2d 497 (Mass. 1965). “She contends specifically that the insured’s statement in his application for the policy that he never received X-rays was more favorable evidence and should he considered by the jury.”

Fed. Deposit Ins. v. Underwriters of Lloyd's of London Fid. Bond No. 834/FB9010020, 3 F. Supp. 2d 120 (D. Mass. 1998). “See Mass. Gen. Laws ch. 175, § 131 . 20 . For example, plaintiff takes issue with the word "irregularities” in Question 19(c), and submits that, under the broadest sense of that term, Heritage had literally hundreds, if not thousands, of "irregularities” over the three-year…”

Carroll v. Metro. Life Ins., 154 N.E. 757 (Mass. 1927). “G. L. c. 175, § 131. The policy contained the following: “Conditions No obligation is assumed by the Company prior to the date hereof, nor unless on said date the insured is alive and in sound health.”

Truedson v. Metro. Life Ins., 158 N.E. 350 (Mass. 1927). “” G. L. c. 175, § 131. The defendant in the answer alleges in defence, and introduced evidence to show, that the negative answers of the insured to these questions in the application, “Have you ever had an injury or deformity?”; “When were you last confined to the house by…”

John Hancock Mut. Life Ins. v. Banerji, 12 Mass. L. Rptr. 405 (Mass. Super. Ct. 2000). “169, 173 (1936) (construing G.L.c. 175, §131, a similar statute with regard to life insurance).”

Lucia v. John Hancock Mut. Life Ins., 28 Mass. App. Dec. 166 (Mass. Dist. Ct., App. Div. 1964). “G. L. c. 175, §131. “A. The foregoing statements and answers are complete, true and correctly recorded, and with Part B of this application, shall form the basis for and be a part of any contract of insurance.”

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