Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 10 (2026)

Insured property; burning with intent to defraud

✓ current as of July 2026

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Section 10. Whoever, wilfully and with intent to defraud or injure the insurer, sets fire to, or attempts to set fire to, or whoever causes to be burned, or whoever aids, counsels or procures the burning of, a building, or any goods, wares, merchandise or other chattels, belonging to himself or another, and which are at the time insured against loss or damage by fire, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years.

Notes of Decisions

Cited in 31 cases, 1923–2019 · leading case: Aetna Cas. & Sur. Co. v. Niziolek, 481 N.E.2d 1356 (Mass. 1985).

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Aetna Cas. & Sur. Co. v. Niziolek, 481 N.E.2d 1356 (Mass. 1985). · cites it 4× “In June, 1978, Niziolek was indicted for arson, for conspiracy to commit arson, for burning insured property in violation of G. L. c. 266, § 10 (1984 ed.), 2 and for larceny.”

Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019). · cites it 4× “See G. L. c. 266, § 10 ("Whoever, wilfully and with intent to defraud or injure the insurer , sets fire to .”

Commonwealth v. Jones, 803 N.E.2d 319 (Mass. 2004). · cites it 2× “266, § 5, and burning insured property with the intent to defraud an insurer, G. L. c. 266, § 10. The Appeals Court affirmed the judgments of conviction.”

Commonwealth v. Jones, 794 N.E.2d 1220 (Mass. App. Ct. 2003). · cites it 3× “266, § 5, and burning insured property with the intent to defraud an insurer in violation of G. L. c. 266, § 10. The defendant appeals, claiming that (1) the trial judge erred in denying the defendant’s motion for a required finding of not guilty; and (2) his convictions were…”

Commonwealth v. DeStefano, 450 N.E.2d 637 (Mass. App. Ct. 1983). · cites it 4× “78-2513) charging two counts of burning property with intent to defraud an insurer (G.L.c. 266, § 10). She was sentenced to concurrent State prison terms on all of the convictions, with the sentences suspended for a period of two years' probation.”

Commonwealth v. Anolik, 542 N.E.2d 327 (Mass. App. Ct. 1989). · cites it 3× “266, § 1), and also of and for arson with intent to defraud an insurance company (G. L. c. 266, § 10) on the ground that such convictions are duplicitous.”

Commonwealth v. Fiore, 762 N.E.2d 905 (Mass. App. Ct. 2002). · cites it 3× “137, 142-143 (1998), that the indictments charging her with burning an insured property with intent to defraud an insurer under G. L. c. 266, § 10, must be dismissed as duplicative of the indictments charging her with arson of a dwelling under G.”

Commonwealth v. Jung, 651 N.E.2d 1211 (Mass. 1995). “); burning a dwelling with intent to defraud, in violation of G. L. c. 266, § 10 (1992 ed.); filing false insurance claims, in violation of G.”

Commonwealth v. Walter, 406 N.E.2d 1304 (Mass. App. Ct. 1980). “2 G. L. c. 266, § 10. 3 G. L. c. 266, § 2. 4 G.”

Commonwealth v. Baird, 247 N.E.2d 574 (Mass. 1969). · cites it 2× “G.L.c. 266, § 10. Unnatural and lascivious acts with child under sixteen.”

Commonwealth v. Hawley, 401 N.E.2d 827 (Mass. 1980). “Facente had been under charges since March 13,1973, of intentionally burning insured property and submitting a false insurance claim (G. L. c. 266, §§ 10, 111A); his cases were ultimately dismissed on April 3, 1979.”

Commonwealth v. Ploude, 688 N.E.2d 1028 (Mass. App. Ct. 1998). · cites it 2× “As a result of an investigation of the cause of the fire, the defendant, a tenant in the building, was charged with (1) burning of a building with the intent to defraud the insurer (G. L. c. 266, § 10) and (2) burning of a building (G.”

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