Section 167F:2A - Sale of insurance products by banks(a) For purposes of this section, the word "company" shall mean an insurance company licensed pursuant to chapter 175 and the word "affiliate" shall have the same meaning as established in section 1 of chapter 167A.(b) A bank shall have the power to sell, either directly or indirectly through an affiliate or a subsidiary corporation established for the purpose or a third party agreement, and acting as an insurance producer licensed pursuant to section 162M or 162N of chapter 175, such insurance products as a company, for which such bank, affiliate, subsidiary corporation or third party acts as insurance producer, is authorized to issue in the commonwealth. No bank exercising such power shall assume or guarantee the payment on any premiums on such products or guarantee the truth of any statement contained in the application therefor. Said sales shall be conducted in accordance with conditions and limitations that the commissioner shall promulgate by regulation and which shall reflect the substance of conditions established by the comptroller of the currency of the United States governing the sale of insurance products by a national bank as a licensed agent of an insurance company. Said conditions and limitations shall be in addition to and consistent with the provisions of said chapter 175 and regulations promulgated thereunder by the commissioner of insurance with respect to the licensing of insurance producers and the sale of insurance products. Said conditions and limitations shall include, but not be limited to, the following provisions:(1) No bank, except a bank licensed as an agent for the savings bank life insurance company of Massachusetts and only to the extent of the authority granted under such license, shall undertake to act directly or indirectly as an insurance producer, in any manner permitted by this section, until the commissioner approves a general plan of operation submitted by such a bank that conforms with the regulations promulgated pursuant to this section. Said plan shall include a detailed description of the complaint resolution procedure, including bank personnel designated for its enforcement, required pursuant to subparagraph (9) of this section.(2) Officers, tellers and other employees of a bank who are not licensed as insurance agents may refer a customer of said bank to a licensed insurance agent of the bank only when such customer initiates an inquiry relative to the availability or acquisition of insurance products. No such officer, teller or other employee shall be further or additionally compensated for making said referrals.(3) The solicitation or sale of insurance products shall be permitted at the main office of a bank, or at any branch thereof established pursuant to chapter 167C, or at any other bank office, not including an electronic branch established pursuant to chapter 167B. Said solicitation or sale shall be conducted on the premises of a bank in a distinctly designated area which is separate and apart from any physical setting in which services for insured deposit account transactions or transactions involving applications for the extension of credit are conducted. The commissioner may waive the requirement for the physical separation of bank and insurance services only upon a demonstration by a bank that space considerations, such as the size or design of said bank premises, preclude such separation. The commissioner may allow for such use of a common area for both purposes if, subject to notice and hearing at the commissioner's discretion, said waiver application demonstrates physical constraints that are consistent with criteria the commissioner shall establish for such waivers. In any instance where such waiver is granted, a bank employee, licensed as an insurance agent, shall not, in any manner involving the application by a customer for an extension of credit by said bank, act as the representative of the bank both with respect to said application and with respect to the solicitation and sale of insurance products to said customer, whether or not such insurance is required for the extension of credit. It shall be the responsibility of a bank to institute procedures to eliminate customer misunderstanding or confusion as to the distinction between such insurance products and other bank functions, and to prevent any misrepresentation thereof. Notwithstanding the foregoing, any premises constructed, purchased, leased or acquired by a bank on and after the effective date of this section for the conduct of its authorized business, including the solicitation and sale of insurance, shall not be eligible for the waiver provided for herein, unless said acquisition results from a merger, consolidation or purchase of assets pursuant to chapters 168, 170 and 172.(4)(i) A bank is hereby prohibited from tying the availability and extension of credit by a bank to the purchase of insurance products from said bank.(ii) No solicitation for the sale of insurance in conjunction with any application for the extension of credit shall be permitted until said application has been approved, such approval and the disclosures required by this section have been provided to said applicant in writing, and the receipt of both said approval and disclosures has been acknowledged in writing by said applicant. The date, time and method of the communication of said approval and disclosures to the applicant, together with the applicant's acknowledgment of the receipt thereof, shall be made a permanent part of the bank record of such extension of credit. This paragraph shall not apply in situations where a bank contacts a customer in the course of direct or mass marketing of insurance products to a group of persons in a manner that bears no relation to any such person's loan application or credit decision.(iii) In the instance of an application to a bank for an extension of credit to be secured by a mortgage on real estate and in which it is necessary for the applicant to obtain a policy insuring said premises against loss and designating such bank as loss payee, (i) said bank shall make the initial disclosure of the necessity of such insurance in its letter of commitment to the applicant approving the requested extension of credit; (ii) such bank shall not, in any manner, solicit the applicant to purchase the required insurance from the bank until said commitment has been accepted by the applicant; and (iii) such bank shall not reject any such policy, so long as it satisfies the required insurance, because the policy was issued by a company other than that for which the bank acts as agent in the sale of insurance products.(5) Rebates shall be regulated pursuant to the provisions of section 185 of chapter 175.(6) A bank, through its licensed insurance producers, shall disclose in writing to a potential insurance customer that: (i) the insurance products which are available are not deposits of the bank, are not protected by the federal deposit insurance corporation or any other type of deposit insurance, are not an obligation of or guaranteed by the bank, and may be subject to risk; (ii) any insurance required as a condition of the extension of credit by the bank need not be purchased from the bank but may, without affecting the approval of the application for an extension of credit, be purchased from an agent or insurance company of the customer's choice; and (iii) the customer may file any complaints with the office of consumer affairs and business regulations as hereinafter provided. The disclosures required by this section shall be provided in writing, and receipt thereof shall be acknowledged in writing by the customer.(7) Bank customer information security and confidentiality shall be regulated pursuant to the provisions of chapter 175I of the General Laws and the provisions of the federal Fair Credit Reporting Act.(8) No bank engaged in the direct sales of insurance products shall discriminate against an applicant or allow an affiliate, a subsidiary corporation established for the purpose or a third party acting on its behalf to discriminate against an applicant for any insurance products offered by it based upon the race, color, national origin or residence of the applicant, or on such other basis as the commissioner may determine. No bank offering insurance products at its main office or any branch thereof established pursuant to chapter 167C, shall refuse to offer the same at every such branch of the bank.(9) A bank engaged in the direct sale of insurance products, or an affiliate, subsidiary corporation or third party acting on its behalf, shall forthwith forward copies of all customer complaints relative to its insurance sales activities to the office of consumer affairs and business regulation established by section 1 of chapter 24A. The director of said office shall cause a record of all such complaints received to be maintained and shall, depending upon the nature of the complaint, refer any such complaint for resolution to the appropriate banking or insurance regulator in the division of banks and loan agencies or the division of insurance. The commissioner, in conjunction with the commissioner of insurance, shall establish a procedure for the prompt resolution of such consumer complaints. Regulations promulgated by the commissioner under this section shall include provisions for investigation and resolution by a bank of customer complaints and for the requirement to forward all complaints so received to the office of consumer affairs and business regulation.(c) Any violations of the provisions contained in this section shall be subject to the applicable provisions of chapter 167, including, but not limited to, sections 2A to 2G, inclusive, and to applicable provisions of chapter 175 and chapter 176D, including, but not limited to, penalties, cease and desist orders, and suspension or loss of license.(d) The provisions of this section shall not be applicable to the authority granted by paragraphs 16 and 17 of section 2 of chapter 167F and section 12G of chapter 255.(e) The commissioner shall promulgate regulations necessary to carry out the provisions of this section.(f) For purposes of this section, the term "bank" shall include small loan companies licensed pursuant to section 96 of chapter 140, and mortgage lenders and mortgage brokers licensed pursuant to chapter 255E; provided, however, that the provisions of clause (i) of paragraph (6) shall not apply to such small loan companies or to such mortgage lenders and mortgage brokers which do not accept deposits; and provided, further, that said licensees shall be eligible to apply to the commissioner of banks for a waiver, in accordance with the provisions of this section, for premises utilized for the conduct of authorized business in the commonwealth.(g) Notwithstanding any other provision of law to the contrary, the commissioner, in his discretion, may furnish to the commissioner of insurance information, reports and statements relating to the sale of insurance by banks under his supervision which are licensed by the division of insurance pursuant to section 209 of chapter 175.Mass. Gen. Laws ch. 167F, § 2A
Amended by Acts 2004 , c. 431, §§ 1, 2, 3, 4, 5, 6 eff. 3/16/2005.