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

Mass. Gen. Laws ch. 175, § 3 (2026)

Unauthorized insurance, annuity or variable annuity contracts; prohibition

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 3. No company shall make a contract of insurance or annuity, including any such insurance or annuity contract which is a contract on a variable basis, upon or relative to any property or interests or lives in the commonwealth, or with any resident thereof, and no person shall negotiate, solicit, sell or in any manner aid in the transaction of such contracts, or of their continuance or renewal, except as authorized by this chapter or chapter one hundred and seventy-six, or except as otherwise expressly authorized by law; and any such contract and the negotiation, solicitation, sale or transaction thereof by any person shall not be subject to the provisions of chapter one hundred and ten A.

Notes of Decisions
Cited in 3 cases, 1924–2000 · leading case: DiMercurio v. Sphere Drake Ins., PLC, 202 F.3d 71 (1st Cir. 2000).
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DiMercurio v. Sphere Drake Ins., PLC, 202 F.3d 71 (1st Cir. 2000). “See Mass. Gen. Laws ch. 175, §§ 3 , 22. The district court upheld the validity of the arbitration clause, and we affirm.”
Attorney Gen. v. C. E. Osgood Co., 249 Mass. 473 (1924). “Whether this clause in the contracts of the defendant is ancillary to its chief business or is mainly for advertising ends is not relevant in view of the absolute prohibition in G. L. c. 175, § 3, against the making of contracts for insurance except by companies and in the…”
McAleer v. Does, 5 Mass. L. Rptr. 373 (Mass. Super. Ct. 1996). “Finally, the court does not consider determinative that Massachusetts statutory law (unlike English law) prohibits forum selection and choice-of-law clauses in insurance policies covering lives, property or interests in the commonwealth, see G.”
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