WeVote
Log In

Bill

Bill

S 785

Adds medical and health insurance information within the definitions of personal identifying information; repealer

2025 Regular Session Introduced by Roxanne Persaud

Prohibits insurers from banning insureds from hiring public adjusters; declares anti-adjuster clauses unenforceable and requires removal, boosting insureds' claim representation.

SUBSTITUTED BY A920
0
WeVote Research Nonpartisan
Bill Summary · S 785

Summary — S.785 (2025): "An Act relative to insurance claims"

Status: Introduced Feb 27, 2025; SUBSTITUTED BY A920 (bill carried forward as A920). Reported favorably by committee and referred to Senate Rules. (See procedural timeline below.)

Purpose

To protect insureds’ ability to hire public insurance adjusters by prohibiting property and casualty insurance policy language that conditions recovery on the insured not hiring, retaining, consulting, or otherwise using a public insurance adjuster.

Key provisions

  • Inserts a new Section 2C into G.L. c.175:
    • Makes it unlawful for any insurer (as defined in G.L. c.175, §1), including non‑admitted or surplus lines insurers, to include policy language, forms, or endorsements in property and casualty insurance policies that prohibit an insured from hiring, retaining, engaging, utilizing, consulting, or contracting with a public insurance adjuster (as defined in G.L. c.175, §162).
    • States that any such prohibitory language is unenforceable and must be excised from the policy; remaining policy language remains unaffected.
  • Amends G.L. c.176D, §3 (clause (9)) by adding subclause (o):
    • Declares unenforceable any policy provision in property or casualty insurance that prohibits an insured from hiring a public adjuster for services provided under that chapter.

Who would be affected

  • Insurers writing property and casualty policies in Massachusetts, including admitted carriers and surplus lines/non‑admitted insurers — they would be barred from including or enforcing anti‑adjuster provisions.
  • Policyholders (individuals, businesses, municipalities) who purchase property and casualty insurance — they would retain the explicit right to engage public insurance adjusters to handle claims.
  • Public insurance adjusters — their access to clients could increase; the bill protects their contractual relationship with insureds.
  • Regulators/courts — would implement excision of offending provisions and enforce the statutory prohibition.

Procedural and timeline notes

  • Introduced in the Senate 02/27/2025. Referred to relevant committees (Financial Services; Energy & Natural Resources listed in docket entries). Hearing(s) scheduled May 13, 2025. Reported favorably 11/10/2025 and referred to Senate Rules.
  • Marked “SUBSTITUTED BY A920” (02/05/2025), indicating the House bill A920 became the vehicle for the same or a similar measure.
  • The bill text provided does not specify an effective date; absent a specified date, the act would typically take effect upon enactment.

Potential impact

  • Preserves insureds’ autonomy to obtain independent claims representation and could increase use of public adjusters in claim negotiations.
  • May require insurers to revise policy forms and underwriting practices to remove or avoid anti‑adjuster clauses.
  • Could change dynamics of claim settlement negotiations and potentially affect claim costs or timelines, depending on how engagement of adjusters alters settlements.

For exact legal effect and any differences in the substituted version (A920), consult the text of A920 and legislative history for final language and amendments.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.