Mass. Gen. Laws » Part I Title XXII Chapter 175
Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 162 (2026)

Agent, broker and adjuster defined; on-premises and off-premise solicitation of negotiation of policy of insurance

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 162. Solicitation or negotiation of policies of insurance that takes place off the premises of an insurance broker, agent or company shall be by a duly licensed broker or agent. Solicitation or negotiation of policies of insurance performed on the premises of an insurance broker, agent or company, may be done by an employee insofar as such solicitation or negotiation is under the immediate direction and general supervision of a duly licensed broker or agent. All binders of insurance and insurance policies shall be signed by a licensed individual or by such person acting under a power of attorney; provided, however, that the provisions of this paragraph shall apply only to the solicitation or negotiation of property or casualty policies of insurance.

Whoever, for compensation, not being an attorney at law acting in the usual course of his profession, directly or indirectly solicits from an insured or the representative of the insured, or performs services pursuant to an agreement, engagement or undertaking to represent the insured in connection with the assessment of damages, negotiation, settlement, appraisal or reference of a loss under a fire insurance policy, homeowners insurance policy, commercial multi-peril insurance policy, business interruption insurance policy, fidelity bond or crime insurance policy, inland or ocean marine insurance policy, or other property damage insurance coverage of any sort, shall be a public insurance adjuster.

Notes of Decisions
Cited in 11 cases, 1925–2006 · leading case: Schwartz v. Travelers Indem. Co., 740 N.E.2d 1039 (Mass. App. Ct. 2001).
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Schwartz v. Travelers Indem. Co., 740 N.E.2d 1039 (Mass. App. Ct. 2001). “Public adjusters are licensed by the commissioner, see G. L. c. 175, §§ 162 and 172. They specialize in appraising damage caused by an event covered in a policy.”
Hudson v. Massachusetts Prop. Ins. Underwriting Ass'n, 436 N.E.2d 155 (Mass. 1982). “Since Bay Colony is not the express agent of MPIUA (see G. L. c. 175, §§ 162, 163), nothing that Bay Colony said in its role as an insurance broker is binding on MPIUA.”
Foisy v. Royal MacCabees Life Ins., 356 F.3d 141 (1st Cir. 2004). “” Mass. Gen. L. ch. 175 § 162. At the most rudimentary level, this distinction means that a broker acts as the “middleman” between insured and insurer, and will not be under the employ of any particular insurance company.”
New England Acceptance Corp. v. Am. Mfrs. Mut. Ins., 344 N.E.2d 208 (Mass. App. Ct. 1976). “See G. L. c. 175, § 162; Ritson v. Atlas Assur.”
MacGillivary v. W. Dana Bartlett Ins. Agency of Lexington, Inc., 436 N.E.2d 964 (Mass. App. Ct. 1982). “175, § 151; (3) that Harrison (see G. L. c. 175, § 162) was the Massachusetts “agent” of General Fire and was liable to MacGillivary under G.”
Michelson v. Franklin Fire Ins. Co. of Philadelphia, 252 Mass. 336 (1925). “G. L. c. 175, § 162. *339 The work performed by him, as shown on this record, indicates that he was acting as a kind of middleman between the insured and the agents of the insurer.”
Rich & Son Constr. Co. Inc. v. Saugus, 244 N.E.2d 300 (Mass. 1969). “See G.L.c. 175, §§ 162 and 172. No error is shown in the denial of the motion for a new trial.”
Rich & Son Constr. Co. v. Town of Saugus, 244 N.E.2d 300 (Mass. 1969). “See G. L. c. 175, §§ 162 and 172. No error is shown in the denial of the motion for a new trial.”
Howard v. Bean, 175 N.E. 295 (Mass. 1931). “” G. L. c. 175, § 162, provides in the first paragraph as follows: “Whoever, for compensation, not being the duly licensed insurance agent of the company in which any policy of insurance .”
Hingham Mut. Fire Ins. v. Mercurio, 14 Mass. L. Rptr. 673 (Mass. Super. Ct. 2002). · cites it 2× “” G.L.c. 175, §162. A broker on the other hand is defined as someone who does not act for a company but nevertheless “aids in any manner in negotiating policies of insurance .”
Markel Am. Ins. v. Madonna, 448 F. Supp. 2d 234 (D. Mass. 2006). “See also Mass. Gen. Laws ch. 175, § 162 (distinguishing between insurance brokers and insurance agents).”
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