Cummings's Case

The issue before us is whether an insurer who, pursuant to G. L. c. 152, § 65A, has been designated to issue a workers’ compensation insurance policy to an employer as an assigned risk, may unilaterally rescind, or otherwise terminate, the policy issued upon realizing that the initial premium fee has not been paid, without complying with the procedures set forth in G. L. c. 152, § 65B. We conclude that, in the circumstances of this case, it may not.

On March 26, 1996, Daniel Cummings, an employee of Demolition Specialists, Inc. (Demolition Specialists), was injured on a construction job. There…