Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 169 (2026)

Effect of payment to agent or broker

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 169. An insurance agent or broker acting for a person other than himself in negotiating, continuing or renewing any policy of insurance or any annuity or pure endowment contract shall, for the purpose of receiving any premium therefor, be held to be the agent of the company, whatever conditions or stipulations may be inserted in the policy or contract.

Notes of Decisions
Cited in 6 cases, 1925–2013 · leading case: Hudson v. Massachusetts Prop. Ins. Underwriting Ass'n, 436 N.E.2d 155 (Mass. 1982).
Hudson v. Massachusetts Prop. Ins. Underwriting Ass'n, 436 N.E.2d 155 (Mass. 1982). · cites it 7× “3 (2) Belying on G. L. c. 175, § 169, the plaintiff claims that Bay Colony is an agent of MPIUA as a matter of law.”
Markel Serv. Ins. Agency, Inc. v. Tifco, Inc., 530 N.E.2d 340 (Mass. 1988). · cites it 9× “Tifco maintains, however, that the intended beneficiary rule does not apply because its payment to Ryan constituted payment to Markel under G. L. c. 175, § 169 (1986 ed.). Markel concedes that, by virtue of G.”
Breed's Hill Ins. Agency, Inc. v. Fravel (In re Fravel), 485 B.R. 1 (Bankr. D. Mass. 2013). · cites it 5× “Fravel may have impliedly promised to transmit payments received from the insureds, and Breed’s Hill may have justifiably relied on that promise for at most 90 days, but Breed’s Hill did not establish actual fraud.”
Ritson v. Atlas Assurance Co., 181 N.E. 393 (Mass. 1932). · cites it 2× “It is the contention of the plaintiffs that the knowledge which the broker, Messenger, had respecting the intent and understanding of the plaintiffs is to be attributable to the defendant, under G. L. c. 175, § 169, which reads as follows: “An insurance agent or broker acting…”
Michelson v. Franklin Fire Ins. Co. of Philadelphia, 252 Mass. 336 (1925). “Being a broker, he was by G. L. c. 175, § 169, agent of the defendant for the purpose of receiving the premiums on the policies.”
Hudson v. Cross, 1981 Mass. App. Div. 161 (Mass. Dist. Ct., App. Div. 1981). “Finally, the plaintiffs attempt to establish the existence of an agency relationship herein is not aided by the provisions of G.L.c. 175, § 169. 6 Said statute renders an insurance broker the agent of the insurer solely for the purposes of collecting premiums on insurance…”
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