Massachusetts General Laws

Mass. Gen. Laws ch. 176D, § 5 (2026)

Investigation of insurance business

✓ current as of July 2026

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Section 5. The commissioner shall have the power to examine and investigate into the affairs of every person engaged in the business of insurance in this commonwealth in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section two.

Notes of Decisions

Cited in 4 cases, 1978–2017 · leading case: Wheatley v. Massachusetts Insurers Insolvency Fund, 925 N.E.2d 9 (Mass. 2010).

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Wheatley v. Massachusetts Insurers Insolvency Fund, 925 N.E.2d 9 (Mass. 2010). · cites it 4× “176D, § 3 (defining certain acts as unfair or deceptive “in the business of insurance,” and using the term “person” in subsections [1] [d], [2], [3], [5], and [10]); 15 G. L. c. 176D, § 5 (providing commissioner power to investigate into affairs of “every person engaged *603 in…”

Swartz v. Dep't of Banking & Ins., 382 N.E.2d 1050 (Mass. 1978). · cites it 7× “They informed Swartz that the division had the lawful right under G. L. c. 176D, § 5, to examine his books and records, and on that representation Swartz consented to their search.”

Swartz v. Comm'r, 3 Mass. Supp. 480 (Mass. Super. Ct. 1982). · cites it 5× “Plaintiff had filed an earlier action 1 seeking a judgment declaring that the Insurance Division was not entitled to conduct a warrantless search of Swartz’s *482 business premises under G.L.c. 176D, § 5. 2 That case is now on remand from the Supreme Judicial Court (Quirico, J.”

Comeau's Case (Mass. App. Ct. 2017). “2 See G. L. c. 176D, § 5. On December 26, 1995, on the advice of his treating orthopedic physician, the employee stopped work and has not returned to work since.”

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