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The 194th General Court of the Commonwealth of Massachusetts

Section 2: Application of chapter

[ Text of section effective until April 9, 2025. For text effective April 9, 2025, see below.]

  Section 2. This chapter shall apply to all kinds of direct insurance, except life, accident and health, title, surety, disability credit, mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks, insurance of warranties of any type of service contracts and ocean marine insurance.

Chapter 175D: Section 2. Application of chapter

[ Text of section as amended by 2024, 389, Sec. 1 effective April 9, 2025. For text effective until April 9, 2025, see above.]

  Section 2. This chapter shall apply to all kinds of direct insurance, including, but not limited to, cybersecurity insurance. This chapter shall not apply to:

  (i) life, annuity, health, accident or disability insurance;

  (ii) mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;

  (iii) fidelity or surety bonds or any other bonding obligations;

  (iv) credit insurance, vendors' single interest insurance, collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;

  (v) insurance of warranties or service contracts, including insurance that provides for the repair, replacement or service of goods or property, indemnification for repair, replacement or service for the operational or structural failure of the goods or property due to a defect in materials, workmanship or normal wear and tear or that provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits;

  (vi) title insurance;

  (vii) ocean marine insurance;

  (viii) any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

  (ix) any insurance provided by or guaranteed by the government.