
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.
What Is Hired and Non-Owned Auto Insurance?
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 Hired and Non-Owned Auto Insurance Requirements
What to Watch for With Hired and Non-Owned Auto 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
Providers With Massachusetts License Records
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.
Corgi
Corgi Insurance Services, Inc.
Corgi’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
Corgi lists hired and non-owned auto liability for employees using rented or personal vehicles for company business.
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 Hired and Non-Owned Auto in Massachusetts
- Does our HNOA policy cover the business’s liability for rented vehicles, and are employees themselves insured?
- Will the rental agreement’s corporate master terms preselect a collision damage waiver, and which employees are authorized drivers?
- If employees carry people or property for hire, does the rental agreement expressly permit that use for purposes of its collision waiver?
- 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 Insurance in Massachusetts: FAQ
Is Massachusetts rental collision damage waiver the same as HNOA?
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?
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
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Other coverage in MassachusettsEvery coverage guide for Massachusetts, plus the regulator and surplus-lines details.18 documents, numbered as cited. Open the sources