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The 193rd General Court of the Commonwealth of Massachusetts

Section 101B: Reference of amount of loss under policy of fire insurance to referees; liability of company and insured for compensation and expenses of third referee; review by commissioner

Section 101B. The company and the insured shall, if an award is rendered by the referees in favor of the insured, each be liable to the third referee for one half of his charges for compensation and expenses. The company shall, if an award is rendered in its favor or if no award is rendered, be liable to the third referee for the full amount thereof, but in such case, if the company makes any payment to the insured in settlement of his claim, it may deduct therefrom one half of such charges. The third referee shall forthwith, upon the publication of an award in favor of the insured, furnish the company and the insured with a written statement specifying in detail his charges for compensation and expenses, and he shall forthwith upon the publication of an award in favor of the company, or if no award is rendered, furnish such a statement to the company alone. The company or the insured, if aggrieved by said charges, may within ten days from such publication, or, if no award is rendered, from the rendition of said statement, file with the commissioner, in such form as he may prescribe, a petition for a review thereof. After due hearing, notice of which shall be given forthwith by the commissioner to all parties in interest, the commissioner shall forthwith review and approve or disapprove said charges, in whole or in part, and his findings and decision shall be forthwith communicated in writing to the parties and shall, as well as all findings of fact made by him under section one hundred, one hundred A or one hundred B, be final and conclusive.