The Massachusetts Insurance Commissioner, Gary Anderson, has issued a bulletin to all insurance carriers that issue liquor liability or workers' compensation coverage in the state. The bulletin provides information on Governor Charlie Baker's COVID-19 Order 53, which contains new expectations for insurance carriers that issue liquor liability or workers' compensation coverage in Massachusetts, and addresses increased flexibility in the issuance and administration of those insurance policies during the COVID-19 public health crisis.

The bulletin notes that in order to protect the health and safety of the public and to limit the spread of the disease, restrictions have previously been placed on establishments that hold liquor licenses and serve liquor. Many of those establishments, including bars and restaurants, have elected to remain closed during the state of emergency.

When issued, in November 2020, COVID-19 Order No. 53 required certain businesses to close early, and limited hours for alcohol and adult use cannabis sales. Order 53 contains provisions for certain allowances for Liquor Licensees that remained closed during the Massachusetts state of emergency, beginning in March, 2020. According to Order 53, Licensees that decide to reopen now are required to submit proof of a liquor liability policy and a workers' compensation policy to the appropriate licensing authority. The order also noted that "no insurer, broker, agent, or their representative shall impose or collect any surcharge penalty, fee or any other charge in addition to the premium" for liquor liability or workers' compensation coverage obtained to follow the provisions of the order. Usual agent commissions are considered to be a component of the premium and do not fall within the category of impermissible charges under Order 53.