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Section 34b - Certificates of Insurance or Surety Companies; Contents; Copies

MA Gen L ch 90 § 34b (2019) (N/A)
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Section 34B. The registrar shall accept a certificate as defined in section thirty-four A from any person applying for registration of a motor vehicle.

Such certificate of an insurance or surety company shall, except as hereinafter provided, be in a form prescribed by the commissioner of insurance, shall contain the recitals required by said section thirty-four A and, if at the time of the execution thereof the schedule of premium charges and classifications of risks for the year for which registration is sought have been fixed and established under section one hundred and thirteen B of chapter one hundred and seventy-five, shall state the rate at which and the classification under which the motor vehicle liability policy or bond referred to therein was issued or executed and the amount of the premium thereon and whether or not said premium is at the rate fixed and established as aforesaid, and each such certificate shall contain such other information as said commissioner may require. Such a certificate shall be executed in the name of the company by one of its officers, or by an employee of the company duly authorized by it by a writing, in a form prescribed by said commissioner, filed in the office of said commissioner and not theretofore revoked by a writing filed as aforesaid, or by an insurance agent of the company licensed under chapter one hundred and seventy-five to solicit applications for and to negotiate motor vehicle liability policies or bonds, or on behalf of such an insurance agent by one of his agents or employees authorized by such insurance agent by an unrevoked writing as aforesaid, in form and filed as hereinbefore provided. The signature of the person authorized by any such writing shall be written on the margin thereof. No other person shall execute or issue such a certificate. Whoever issues or executes a certificate in a form other than that prescribed by said commissioner shall be punished by a fine of not less than fifty nor more than five hundred dollars.

Whenever a company or its duly authorized employee or agent executes a certificate for an existing registered owner of a motor vehicle, such company shall notify the registrar, on a form prescribed by him within fifteen calendar days of the execution of said certificate.

The registrar shall, when preparing his record of each registration, furnish a copy of such record to the company appearing signatory to the certificate accompanying the application for such registration.

If such a certificate, whether or not conforming to the foregoing requirements of this section, is executed in the name of a company by a person hereinbefore specified, or is so executed by any other person in violation of this section under authorization of the company, and is filed with the registrar in connection with the registration of a motor vehicle, the company shall be estopped to deny the issue or validity of such certificate or that a motor vehicle liability policy or bond has in fact been issued or executed as set forth in such certificate.

The certificate which the state treasurer shall issue upon receipt of cash or securities under section thirty-four D or thirty-four F shall be in such form and shall contain such information as the registrar may prescribe.

Whoever issues or alters without authority or forges any certificate as defined in said section thirty-four A or issues such certificate knowing that the policy or bond therein described has not in fact been issued or executed or is not in force or that the cash or securities have not been deposited, or whoever knowing that such certificate has been issued or altered without authority or forged or that the policy or bond described therein has not in fact been issued or executed or is not in force or that the cash or securities have not been deposited files such certificate with the registrar, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both.

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Section 34b - Certificates of Insurance or Surety Companies; Contents; Copies