Media Liability in Massachusetts

For Massachusetts publishing work, distinguish a three-year libel or slander filing period from the state’s special motion for claims based on petitioning government; a post about a public topic alone does not meet that statute’s definition. ^1,²

What Is Media Liability?

Media liability can help pay defense costs for claims about content you create or distribute, such as allegations of defamation or infringement. Consider it if you publish or produce content for your business or clients; match the quote to each activity. Read the national Media liability guide.

What to Watch for in Massachusetts

Use the three-year period as a calendar prompt
Massachusetts lists slander and libel among actions that must be commenced within three years after accrual. The statute does not set a media policy’s notice deadline or decide whether a claim is covered. ¹
The special motion is for petitioning activity
Chapter 231, § 59H addresses claims based on exercising the right to petition government. It defines petitioning statements by their connection to governmental bodies or proceedings and permits a motion within 60 days after service of the complaint, or later at the court’s discretion. ²
Ask who manages an early dismissal motion
A granted § 59H motion carries reasonable attorney fees and costs for the moving party, and filing the motion stays discovery unless a court orders specified discovery for good cause. Ask whether the policy’s defense and consent provisions address that motion and its timing. 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 Media liability; 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.

CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. ¹²
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

Which policy definition of a claim applies to a written demand, subpoena, or suit?
Who selects counsel, and do defense expenses reduce the media limit?
Which content activities, formats, platforms, and client work are scheduled or excluded?