Amendment ID: S2381-2-R1
Redraft Amendment 2
Insurance Coverage Requirement
Mr. Eldridge moves to amend the amendment by inserting after section 4 the following section:-
“SECTION 4A. Chapter 175 of the General Laws is hereby amended by inserting after section 4E the following section:-
Section 4F. (a) As used in this section, the words “hosting platform”, “operator” and “transient accommodation” shall have the same meanings as under section 1 of chapter 64G unless the context clearly requires otherwise.
(b) A hosting platform shall maintain liability insurance of not less than $1,000,000 to cover each unit offered as a transient accommodation. Such coverage shall defend and indemnify the operator and any tenants or owners in the building for bodily injury and property damage arising from the transient accommodation.
(c) Prior to an operator offering a transient accommodation through the use of a hosting platform, the hosting platform shall provide notice to the operator that standard homeowners or renters insurance may not cover property damage or bodily injury to a third-party arising from the transient accommodation.
(d) Insurers that write homeowners and renters insurance may exclude any and all coverage afforded under the policy issued to a homeowner or lessee for any claim resulting from the rental of any accommodation under chapter 64G. Insurers that exclude the coverage described in this section shall not have a duty to defend or indemnify any claim expressly excluded by a policy. Nothing under this section shall preclude an insurer from providing coverage for transient accommodations if the insurer chooses to do so.
(e) Any policy or policy form intended to cover operators of transient accommodations from liabilities, whether they are being provided by a hosting platform or an operator itself, shall be placed on file with the division of insurance.”.