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

Mass. Gen. Laws ch. 175, § 162D (2026)

Expense premium commissions; payment to insurance agents; additional compensation

✓ current as of July 2026
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Section 162D. Any insurer issuing or delivering in the commonwealth either motor vehicle policies or bonds, as defined in section thirty-four A and thirty-four O of chapter ninety, which do business in the commonwealth through independent licensed insurance agents pursuant to the so-called American Agency System or any other system, other than that of an employer to employee relationship and designated producers, under the plan for equitable apportionment among companies of premiums, losses or expenses, or any combination thereof, as provided under section one hundred and thirteen H, shall pay each agent the indicated expense premium commission as established by the commissioner in his opinion, findings and decision on automobile insurance rates as commission only, and no portion of the indicated expense premium commission shall be considered as profit sharing or expense reimbursement. The insurer shall be allowed a variation in the commission paid to each agent of not more than plus or minus ten per cent of the dollar commission established in the commissioner's findings; provided, however, the insurer shall be required to pay to its agents all of the commission dollars allowed in the rates as commissions. Nothing in this act shall prevent any insurer from paying any additional compensation in the form of commission overrides, bonuses, profit sharing benefits and expense reimbursements.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2023 · leading case: Nationwide Mut. Ins. v. Comm'r of Ins., 491 N.E.2d 1061 (Mass. 1986).
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Nationwide Mut. Ins. v. Comm'r of Ins., 491 N.E.2d 1061 (Mass. 1986). · cites it 18× “The motion judge thereafter ordered entry of a judgment which provided that (1) the 1980 rates established by the commissioner, pursuant to G. L. c. 175, § 162D, inserted by St. 1979, c.”
Allstate Ins. Co. v. Fougere, 79 F.4th 172 (1st Cir. 2023). · cites it 2× “, wherein the SJC took a different tack when interpreting yet another insurance statute, Mass. Gen. Laws ch. 175, § 162D. 397 Mass.”
Arbella Mut. Ins. v. Comm'r of Ins., 456 Mass. 66 (Mass. 2010). · cites it 3× “See also G. L. c. 175, §§ 162D, 162E. The phrase is also sometimes followed by a clause which distinguishes the American agency system from insurers and agents who operate pursuant to the “employer to employee relationship” or “designated producers.”
Massachusetts Ass'n of Ins. Agents v. Comm'r of Ins., 682 N.E.2d 836 (Mass. 1997). · cites it 3× “The applicable portions of G. L. c. 175, § 162D, read as follows: “Any insurer .”
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