Massachusetts General Laws

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

Property or casualty insurance information; proprietary rights of agents and brokers

✓ current as of July 2026
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Section 162F. A duly licensed agent or a duly licensed broker doing business pursuant to the so-called American agency system, other than that of an employer to employee relationship, shall own and have an exclusive right to use certain insurance information contained in insurance policies, certificates of insurance or a written memorandum of a preliminary contract of insurance issued by said agent or broker, embodying the records of an insurance agency which shall include but not be limited to the policy inception date, the amount of insurance coverage, the policy number, the name of the insurance company, the name of the insured, the amount of insurance premiums and the terms of insurance. Any bank, lending institution, mortgage company, or mortgagee, whether acting under state or federal authority, including but not limited to those banks as defined in section one of chapter one hundred and sixty-seven, or any loss payee who obtains said insurance information as evidence or proof of insurance shall be prohibited from using, selling, or transferring said insurance information to any third party for the purpose of marketing, underwriting, or soliciting insurance. The provisions of this section shall apply only to property and casualty insurance.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2003–2023 · leading case: Arbella Mut. Ins. v. Comm'r of Ins., 456 Mass. 66 (Mass. 2010).
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Arbella Mut. Ins. v. Comm'r of Ins., 456 Mass. 66 (Mass. 2010). · cites it 6× “Second, MAIA contends that the rule violates G. L. c. 175, § 162F, because it allows insurers to use insurance policy data to solicit voluntary renewals.”
Allstate Ins. Co. v. Fougere, 79 F.4th 172 (1st Cir. 2023). “They alleged that Allstate had breached Fougere's and Brody-Isbill's contracts, violated Mass. Gen. Laws ch. 175, § 163 by failing to provide adequate notice before their terminations, violated Mass.”
Commonwealth v. Gall, 789 N.E.2d 586 (Mass. App. Ct. 2003). “175, § 2B(2); G. L. c. 175, § 162F. Cf. Hallett v. Contributory Retirement Appeal Bd.”
Allstate Ins. Co. v. Fougere (D. Mass. 2019). · cites it 3× “175, § 162F The defendants contend that Allstate violated Mass. Gen. Laws ch. 175, § 162F. (Docket No.”
Allstate Ins. Co. v. Fougere (D. Mass. 2022). “Count III Violation of M.G.L. c. 175, § 162F SJ for Allstate/Dismissed Count IV Interference with contractual relations Withdrawn by Defendants Count V M.”
Allstate Ins. Co. v. Fougere (D. Mass. 2022). “The defendants asserted five counterclaims against Allstate: breach of covenant of good faith and fair dealing (Count I), violation of Mass. Gen. Laws ch. 175, §163 (Count II), violation of Mass.”
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