What Contract Frustration Insurance Requirements Apply in Massachusetts?

Massachusetts’ Office of International Trade and Investment provides trade and investment services to businesses. Ask which current state resources address the market and commercial terms in your export plan. Ask your broker to name the covered contracts, political triggers, waiting periods, and loss measures before you sign.

What Is Contract Frustration Insurance?

Contract frustration may fit your business when an international contract is exposed to political disruption or government action. If your main risk is a customer who cannot pay, compare trade-credit coverage instead. Read the national Contract frustration guide.

What to Watch for With Contract Frustration in Massachusetts

  • Use State Export Support for Market Entry

    Massachusetts’ Office of International Trade and Investment provides trade and investment services to businesses. Ask which current state resources address the market and commercial terms in your export plan. Ask the state program which current activities qualify and whether you need approval before spending. Treat any award as help with the export project, not as payment for a disrupted contract. 1

  • Check the Placement Route

    Massachusetts General Laws c. 175, § 168 governs insurance placed with unauthorized insurers. Ask the broker to identify the policy’s placement route and the statutory notices and records that apply to that route before binding. 2

  • Schedule the Contract and Trigger

    For a Massachusetts export project, ask the insurer to explain whether a named political event must make performance unlawful, prevent payment, or do both before a claim can be made. 1,2

Providers With Massachusetts License Records

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in Massachusetts?

Massachusetts Division of Insurance

The Massachusetts Division of Insurance licenses insurers and producers, reviews rates and forms, and handles insurance complaints. Use the State Based Systems lookup for producers, agencies, and surplus-lines brokers. For insurer status, use the DOI’s separate licensed or approved company lists, including the eligible surplus-lines company list. Before filing a complaint, contact the insurer or producer; if the response is unsatisfactory, submit the online form with supporting papers. The DOI says not to use the form for ongoing litigation. 3,4,5,6

Surplus-Lines Tax and Stamping Office in Massachusetts

Reported tax rate. 4% of gross premiums less gross return premiums on risks or exposures in Massachusetts or another state when Massachusetts is the insured’s home state. 7,8,9,10

A diligent effort to place coverage with admitted insurers is generally required before surplus-lines placement through a specially licensed Massachusetts broker. The narrow §224 large-commercial exception is described in the note below.

  • Multi-state surplus-lines tax dates and exceptions: For this rule, home state means the state of the insured’s principal place of business or, for an individual, principal residence; if 100% of the risk is outside that state, home state is where the greatest percentage of taxable premium for that insurance contract is allocated. For multi-state policies effective on or after August 10, 2018, the Division of Insurance says the 4% tax applies to gross premium regardless of whether risks are inside or outside Massachusetts when Massachusetts is the insured’s home state. For earlier effective dates, Massachusetts risk portions are taxed at 4%, while out-of-state portions are taxed at the rates for their allocated premium. The Division lists exceptions for policies issued to the Massachusetts Bay Transportation Authority, federal credit unions when they are the purchaser, and tribal lands on reservations. Brokers still make required filings for exempt policies. Tax-exempt status alone is not specifically excluded. 7,8
  • Narrow large-commercial placement exception: Section 168(b)(iv) exempts the diligent-effort affidavit and excess-placement condition in §168(b)(iii) only for a §224 qualifying commercial risk or policyholder. The policyholder must acknowledge in writing that the insurer is not admitted and that the Massachusetts Insurers Insolvency Fund will not pay an insolvency loss. Section 224 eligibility is limited to a corporation, partnership, trust, sole proprietorship, or other business or public entity with at least $30,000 in aggregate property-and-casualty premiums, excluding workers’ compensation. The holder must certify its election and understanding of limited regulatory oversight and certify at least two criteria: net worth of $10 million; net revenue or sales of $5 million; more than 25 employees per individual company OR more than 50 employees per holding company aggregate; a nonprofit or public entity with annual budget or assets of $25 million or more; a municipality with population of 20,000 or more; or retention of a risk manager who is either a full-time employee or retained by the policyholder; that person must be licensed and hold one of these qualifications: certified insurance counselor, chartered property and casualty underwriter, associate in risk management, certified risk manager, or licensed insurance advisor in property and casualty. 9,10

Questions to Ask Before You Buy Contract Frustration in Massachusetts

  1. Which Massachusetts export office or program applies to my target market, and must it approve the expense before I incur it?
  2. Will you place this contract-frustration coverage with an admitted insurer or through Massachusetts surplus lines, and what filing, disclosure, tax, or fee applies?
  3. Which named contracts, government actions, payment interruptions, or blocked transfers trigger the policy, and when does the waiting period start?
  4. Does the policy cover pre-shipment costs, an unpaid post-shipment invoice, or both, and how does it calculate the covered loss?

Contract Frustration Insurance in Massachusetts: FAQ

What export help can a small business get in Massachusetts?

Massachusetts’ Office of International Trade and Investment provides trade and investment services to businesses. Ask which current state resources address the market and commercial terms in your export plan. 1

What should I check if my Massachusetts contract-frustration policy is surplus lines?

Massachusetts General Laws c. 175, § 168 governs insurance placed with unauthorized insurers. Ask the broker to identify the policy’s placement route and the statutory notices and records that apply to that route before binding. 2

Contract Frustration Insurance Guides for Other States

Other coverage in MassachusettsEvery coverage guide for Massachusetts, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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