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Separate Massachusetts rental damage waivers from HNOA liability

Massachusetts treats a collision damage waiver for a private-passenger rental of 30 days or less as an optional contract waiver, not insurance; rental insurance sales have separate eligibility and disclosure rules. A business comparing HNOA should identify whether it needs liability for the company, damage protection for the rental vehicle, or both, and review each contract separately. 1,2

What Is Hired And Non-Owned Auto?

Hired and non-owned auto (HNOA) liability protects the business when rented cars or employees’ own cars are used for work. It does not pay for damage to those vehicles, and it is not a substitute for commercial auto on vehicles the business owns. Read the national Hired and non-owned auto guide.

Massachusetts Requirements

RequirementDetails
Rental class and termCheck whether the vehicle is a private passenger automobile and the agreement lasts 30 days or less; the statutory collision-waiver rules are written for that scope. 1

What to Watch for in Massachusetts

  • A collision damage waiver is optional and is not insurance

    For a private-passenger rental agreement of 30 continuous days or less, a rental company may sell a collision damage waiver only with the renter’s written agreement or a preselection in a master, corporate or group agreement. The statute says the waiver is not insurance and cannot be required as a condition of rental; declining it also bars a damage deposit. It addresses damage to the rental car, not the business’s liability to others under HNOA. 1

  • A corporate waiver can still turn on driver authorization and use

    Massachusetts permits a collision waiver to exclude damage when someone other than an authorized driver operates with the renter’s permission, or when an authorized driver carries people or property for hire unless the agreement expressly allows it. If employees share a rental or transport goods or passengers for pay, verify the written driver list and any express permission in the rental agreement. 1

  • Rental insurance has a different term limit and disclosure contract

    A rental company may offer certain insurance without producer licensing requirements only for qualifying vehicles under 26,000 pounds that do not require a commercial driver’s license, and rental periods no longer than 90 consecutive days. Written materials must name the insurer, summarize terms and claims process, disclose possible duplication and state that purchase is optional; the renter must affirmatively select or preselect it. Request the coverage description rather than treating a checkout add-on as business HNOA. 1

  • The compulsory-policy statute does not define every business policy

    Massachusetts General Laws chapter 175, §113A sets required contract provisions for the motor-vehicle liability policy defined by chapter 90, §34A, including coverage for persons responsible for operating the insured vehicle with consent. That statutory form requirement is limited to that compulsory policy; it does not establish that an employer HNOA contract covers a particular driver, rental or business use. 2

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

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. 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. 7,8,9,10

  • 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

Providers With Documented State Licenses

These providers publish a national listing for Hired and non-owned auto; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Massachusetts. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 13

Questions to Ask Before You Buy in Massachusetts

  1. Does our HNOA policy cover the business’s liability for rented vehicles, and are employees themselves insured?
  2. Will the rental agreement’s corporate master terms preselect a collision damage waiver, and which employees are authorized drivers?
  3. If employees carry people or property for hire, does the rental agreement expressly permit that use for purposes of its collision waiver?
  4. What separate renter insurance is being offered, who is the insurer, and how does it differ from HNOA and the rental damage waiver?

Hired And Non-Owned Auto in Massachusetts: FAQ

Is Massachusetts rental collision damage waiver the same as HNOA? 1

No. The state statute defines the waiver as a rental-company contract to waive claims for damage or loss to the rented car, and says it is not insurance. HNOA is a separate business-liability policy whose terms need review. 1

Can a corporate rental agreement preselect coverage? 1

Yes. For covered short-term agreements, the statute permits preselection of the collision damage waiver in a master, corporate or group agreement. Review that agreement and the exact employee driver list before the trip. 1

Hired And Non-Owned Auto in Other States

Other Coverage in Massachusetts

Sources

  1. General Laws c. 90, §32E1/2, Collision damage waivers and rental insurance. Massachusetts General Court; Subsections (A)–(D), including rental agreement term, waiver consent/exclusions and renter insurance disclosure; current text viewed 2026-09-28. Accessed 2026-09-28.
  2. General Laws c. 175, §113A, Required provisions of motor vehicle liability policies. Massachusetts General Court; Opening paragraph and provisions (1), (4); limited to policy defined by c. 90, §34A; current text viewed 2026-09-28. Accessed 2026-09-28.
  3. Division of Insurance. Massachusetts Division of Insurance; Official DOI overview: insurer/producer licensing, rates/forms review, complaints and solvency oversight; Contact Us / phone. Page text retrieved in search rendering; direct fetch returned 403. Accessed 2026-09-29.
  4. Find Insurance Agents, Agencies and Other Licensees. Massachusetts Division of Insurance; SBS online-verification description and enumerated classes: producers, agencies, public adjusters, appraisers, advisers, reinsurance intermediaries, surplus-lines brokers, life-settlement brokers; insurers are not listed. Page text retrieved in search rendering; direct fetch returned 403. Accessed 2026-09-29.
  5. Massachusetts Licensed Insurance Companies. Massachusetts Division of Insurance; Directory headings distinguish Massachusetts Licensed or Approved Companies and Massachusetts Eligible Surplus Lines Companies. Page text retrieved in search rendering; direct fetch returned 403; no company row checked. Accessed 2026-09-29.
  6. DOI Online Insurance Complaint Form. Massachusetts Division of Insurance; Introductory instructions: contact insurer/producer first; if unsatisfied complete form and attach papers; not for ongoing litigation. Page text retrieved in search rendering; direct fetch returned 403; interactive form not opened/submitted. Accessed 2026-09-29.
  7. M.G.L. c.175, §168. Massachusetts General Court; Current statute directly opened: §168(a) home-state definition and greatest-taxable-premium fallback if 100% risk outside principal-business state; §168(d)(2) 4% on gross premiums less gross returns for risks/exposures in MA or elsewhere if MA is home state. Accessed 2026-09-29.
  8. Surplus Lines Insurance. Massachusetts Division of Insurance; Official FAQ: “What is the premium tax rate on surplus lines insurance written in Massachusetts?” (complete answer: post-Aug. 10, 2018 flat 4% gross-premium rule and pre-date state allocation); “Are any surplus lines premiums exempt from the 4% surplus lines tax?” (complete answer: MBTA, federal credit unions when purchaser, tribal lands on reservations); “If an insured is granted tax-exempt status…” (complete answer: §168 does not specifically exclude tax-exempt organizations). Complete relevant FAQ answers appeared in official page body returned by search rendering; direct URL open returned 403. Accessed 2026-09-29.
  9. M.G.L. c.175, §168. Massachusetts General Court; Official statute directly opened: §168(b)(iii)–(iv), lines 62–66. Complete scope: affidavit of diligent admitted-market effort and placement only of the amount unavailable from admitted companies; clause (iii) does not apply to a §224 qualifying commercial risk/policyholder with written understanding of nonadmitted status and no Massachusetts Insurers Insolvency Fund payment for insolvency. Accessed 2026-09-29.
  10. M.G.L. c.175, §224. Massachusetts General Court; Official statute directly opened: §224(a), lines 49–62. Complete large-commercial definition and all six criteria reviewed, including criterion (3): more than 25 employees per individual company OR more than 50 employees per holding company aggregate. Accessed 2026-09-29.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  17. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  18. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

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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