PLMAhard
A Massachusetts personal lines producer steers a homeowner away from a lower-priced admitted carrier toward a higher-priced affiliated carrier that pays a richer override commission, without disclosing the affiliated relationship or the commission differential. Which Massachusetts authority most directly captures this conduct as actionable consumer-facing misconduct?
c. 93A §2 Consumer Protection Act prohibition on unfair or deceptive acts, with treble damages under §9 for willful and knowing conduct
Bc. 90 §34A compulsory PIP — affiliated steering exempt, because PIP governs no-fault auto injury benefits and contains no steering exemption, no consumer-protection treble-damage remedy, and no producer disclosure-duty framework applicable to homeowner carrier placement
Cc. 175 §99 Standard Fire Policy mandatory wording rule, which prescribes mandatory fire-policy language and does not address undisclosed steering, affiliated-carrier commission conflicts, or consumer treble-damage remedies for deceptive producer conduct
Dc. 183A Condominium Act 'bare walls' master policy, which governs condominium master-policy coverage scope and unit-owner insurance coordination rather than producer steering, commission disclosure, or consumer-protection treble damages
Why this is the answer
Massachusetts c. 93A §2 declares unfair or deceptive acts or practices in trade or commerce unlawful, and §9 provides a private right of action with potential 2-3x treble damages and attorney fees where the conduct is willful and knowing. Undisclosed producer steering toward an affiliated carrier — coupled with material non-disclosure of the commission incentive and of suitable lower-priced alternatives — is a textbook §2 UDAP violation. The producer also faces DOI discipline under c. 175 §162R for dishonest practice and breach of fiduciary disclosure duty.
Studying for the MA Personal Lines exam?
This question comes from our PL bank. Take a free practice test — no signup.