24-A M.R.S. § 2910 — ME Code / Title 24-A / Chapter 39 / Section 2910
24-A §2910. Loss information to be supplied
Status: reserved

1. Request for information. Every insurer shall provide loss information concerning an insurance policy to its insured within 30 calendar days of the receipt of a written request from the insured or an insurance agent or other authorized representative of the insured. An insurer may not cancel or refuse to renew an insurance policy for the nonpayment of premium during any period within which the insurer fails to provide the loss information requested under this section, unless the insured requests that information fewer than 45 calendar days prior to the expiration date of the insurance policy. [PL 1989, c. 696, §1 (NEW).]

2. Transmittal of request. If an insured requests loss information from an insurance agent or an authorized representative of the insured, the representative or agent shall transmit the request for loss information to the insurer within 4 working days. [PL 1989, c. 696, §1 (NEW).]

3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Insurance policy" means the insurance policy relating to the loss information requested pursuant to this section. [PL 1989, c. 696, §1 (NEW).] B. "Loss information," except with respect to workers' compensation insurance, means the following items: the name of the insured, the date of the loss, the date that the claim was received by the insurer, a description of the loss, any amount paid by the insurer on account of the loss, any amount reserved for the loss and whether the claim is open or closed. [PL 1989, c. 696, §1 (NEW).] C. "Loss information," with respect to workers' compensation insurance, means the following items: the name of the claimant, the date of the injury, a description of the injury, any amount paid for medical expense, any amount paid for indemnity expense, any medical reserve, the total incurred losses and whether the claim is open or closed. [PL 1989, c. 696, §1 (NEW).] [PL 1989, c. 696, §1 (NEW).]
24-A M.R.S. § 2008 — ME Code / Title 24-A / Chapter 19 / Section 2008
24-A §2008. Evidence of the insurance; changes; penalty
Status: in_force

1. Upon placing a surplus lines coverage, the producer shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer, or, if such policy is not then available, the surplus lines producer's certificate. Such a certificate must be executed by the producer and show the description and location of the subject of the insurance, coverage, conditions and term of the insurance, the premium and rate charged and taxes collected from the insured, and the name and address of the insured and insurer. If the direct risk is assumed by more than one insurer, the certificate must state the name and address and proportion of the entire direct risk assumed by each such insurer. [PL 1997, c. 592, §55 (AMD).]

2. A producer may not issue any such certificate or any cover note, or purport to insure or represent that insurance will be or has been granted by any nonadmitted insurer, unless the producer has prior written authority from the insurer for the insurance, or has received information from the insurer in the regular course of business that such insurance has been granted, or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured. [PL 2025, c. 348, §21 (AMD).]

3. If, after the issuance and delivery of any such certificate, there is any change as to the identity of the insurers, or the proportion of the direct risk assumed by an insurer as stated in the producer's original certificate, or in any other material respect as to the insurance evidenced by the certificate, the producer shall promptly issue and deliver to the insured a substitute certificate accurately showing the current status of the coverage and the insurers responsible under the certificate. [PL 1997, c. 592, §55 (AMD).]

4. If a policy issued by the insurer is not available upon placement of the insurance and the producer has issued and delivered the certificate as provided in this section, upon request of the insured the producer shall as soon as reasonably possible procure from the insurer its policy evidencing the insurance and deliver the policy to the insured in replacement of the producer's certificate. [PL 1997, c. 592, §55 (AMD).]

5. Any producer with surplus lines authority who knowingly or negligently issues a false certificate of insurance or who fails promptly to notify the insured of any material change with respect to such insurance by delivery to the insured of a substitute certificate as provided in subsection 3 , upon conviction, is subject to the penalty provided by section 12‑A or to any greater applicable penalty otherwise provided by law. [PL 2007, c. 466, Pt. D, §5 (AMD).]
24-A M.R.S. § 2102 — ME Code / Title 24-A / Chapter 21 / Section 2102
24-A §2102. Purposes as related to Unauthorized Insurers
Status: in_force

The purpose of section 12‑A and sections 2102 to 2108 (Unauthorized Insurers Process Act) is to subject certain insurers to the jurisdiction of the superintendent and the courts of this State in suits and disciplinary proceedings as provided therein, by or on behalf of insureds or beneficiaries under insurance contracts or the superintendent. The Legislature declares its concern that many Maine residents hold insurance policies delivered in this State by unauthorized insurers, other than as to surplus lines coverages written pursuant to chapter 19 , thus presenting to such residents the often insuperable obstacle of resort to distant courts for the assertion of legal rights under their policies; and that such insurers may induce residents to purchase insurance through false advertising sent into this State. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon such insurers, declares that in so doing it exercises its power to protect Maine residents, to define, for the purposes of this chapter, what constitutes doing business in this State, and also exercises powers and privileges available to the State under Public Law 15, 79th Congress of the United States, chapter 20, 1st Session, S. 340, as amended, which declares that the business of insurance and every person engaged therein are subject to the laws of the several states. [PL 1991, c. 298, §7 (AMD).]
24-A M.R.S. § 2849 — ME Code / Title 24-A / Chapter 36 / Section 2849
24-A §2849. Continuity on replacement of group policy
Status: in_force

1. Policies subject to this section. Notwithstanding any other provision of law, this section applies to all group and blanket medical insurance policies issued by insurers or health maintenance organizations to policyholders who are obtaining coverage for a group or subgroup to replace coverage under a different contract or policy issued by a nonprofit hospital or medical service organization, insurer or health maintenance organization, or to replace coverage under an uninsured employee benefit plan that provides payment for health services received by employees or their dependents if the policyholder has applied for coverage under the replacement policy within 90 days after termination of coverage under the contract or policy being replaced. For purposes of this section, the group or blanket policy issued to replace the prior contract or policy is the "replacement policy." The group or blanket contract or policy or uninsured employee benefit plan, or a number of individual contracts or policies if the premiums were paid by the employer or by payroll deduction, being replaced is the "replaced contract or policy." [PL 2007, c. 199, Pt. D, §1 (AMD).]

2. Persons provided continuity of coverage under this section. This section provides continuity of coverage to persons who were covered under the replaced contract or policy at any time during the 90 days before the discontinuance of the replaced contract or policy. [PL 1993, c. 349, §53 (RPR).]

3. Prohibition against discontinuity. In a replacement policy subject to this section, an insurer or health maintenance organization may not, for any person described in subsection 2 : A. Request that the person provide or otherwise seek to obtain evidence of individual insurability. This does not limit the insurer's right to require information concerning the health of the individuals in the group to the extent that the information is relevant to determine rates for the group; [PL 2025, c. 348, §32 (AMD).] B. Decline to enroll the person on the basis of evidence of insurability if the person is otherwise eligible for coverage; [PL 1997, c. 370, Pt. B, §2 (AMD).] C. Impose a preexisting condition exclusion period or waiting period on that person, except as provided in this section; or [PL 2009, c. 244, Pt. E, §2 (AMD).] D. Direct or propose to the employer or the person that the person purchase an individual plan in lieu of providing coverage under the replacement policy. The superintendent shall initiate enforcement proceedings when investigation of the circumstances surrounding procurement of an individual policy at the time of replacement of the group policy produces evidence that such procurement was undertaken in violation of this section and section 2155‑A . [PL 1997, c. 370, Pt. B, §3 (NEW).] [PL 2025, c. 348, §32 (AMD).]

3-A. Persons subject to a preexisting condition exclusion. [PL 2019, c. 5, Pt. A, §14 (RP).]

4. Persons covered for fewer than 90 continuous days. [PL 2001, c. 258, Pt. E, §6 (RP).]

5. Liability after discontinuance. The nonprofit hospital or medical service organization, insurer or health maintenance organization that issued the replaced contract or policy is liable after discontinuance of that contract or policy only to the extent of its accrued liabilities and extensions of benefits. [PL 1993, c. 349, §53 (RPR).]

6. Rules. The superintendent may adopt rules that substitute for the requirement of subsection 3, paragraph C a requirement that prohibits application of a preexisting condition exclusion or waiting period with respect to classes or categories of benefits that are covered under the replaced contract or policy. The rules must define those classes or categories consistent with any federal regulations adopted pursuant to the federal Public Health Service Act, Title XXVII, Section 2701(c)(3)(B). [PL 1997, c. 445, §24 (NEW); PL 1997, c. 445, §32 (AFF).]
24-A M.R.S. § 1251 — ME Code / Title 24-A / Chapter 15 / Section 1251
24-A §1251. Authorized deposits of insurers
Status: in_force

The following deposits of insurers when made through the superintendent shall be accepted and held in trust, subject to the provisions of this chapter: [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

1. Deposits required under this Title for authority to transact insurance in this State. [PL 1969, c. 132, §1 (NEW).]

2. Deposits of domestic insurers when made pursuant to its charter; or pursuant to the laws of other states, provinces, and countries as requirement for authority to transact insurance in such state, province or country. [PL 1969, c. 132, §1 (NEW).]

3. Deposits in such additional amounts as are permitted to be made under section 1259 . [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 6457 — ME Code / Title 24-A / Chapter 79 / Section 6457
24-A §6457. Hearings
Status: in_force

1. Right to hearing. An insurer has the right to a departmental hearing, on record, at which the insurer may challenge any determination or action by the superintendent upon: A. Notification to an insurer by the superintendent of an adjusted risk-based capital report; [PL 1993, c. 634, Pt. A, §1 (NEW).] B. Notification to an insurer by the superintendent that: (1) The insurer's risk-based capital plan or revised risk-based capital plan is unsatisfactory; and (2) That notification constitutes a regulatory action level event with respect to the insurer; [PL 1993, c. 634, Pt. A, §1 (NEW).] C. Notification to any insurer by the superintendent that the insurer has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its risk-based capital plan or revised risk-based capital plan; or [PL 1993, c. 634, Pt. A, §1 (NEW).] D. Notification to an insurer by the superintendent of a corrective order with respect to the insurer. [PL 1993, c. 634, Pt. A, §1 (NEW).] The insurer must notify the superintendent of its request for a hearing within 5 days after the notification by the superintendent under paragraph A , B , C or D . Upon receipt of the insurer's request for a hearing, the superintendent shall set a date for the hearing, which may not be less than 10 or more than 30 days after the date of the insurer's request. [PL 1993, c. 634, Pt. A, §1 (NEW).]
24-A M.R.S. § 2953 — ME Code / Title 24-A / Chapter 40-A / Section 2953
24-A §2953. Rulemaking
Status: in_force

The superintendent may adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A , establishing specific requirements and procedures for group property and casualty policies, certificates of coverage and rates, consistent with the purposes of this chapter. These rules may specify additional types of insurance that may be issued on a group basis and the types of groups that may be policyholders, if the superintendent determines that the issuance of multiple individual policies to group members in accordance with chapter 40 does not adequately address the needs of the market. [PL 2001, c. 138, §16 (NEW).]
24-A M.R.S. § 2164-D — ME Code / Title 24-A / Chapter 23 / Section 2164-D
24-A §2164-D. Unfair claims practices
Status: in_force

1. Definition. As used in this section, "insurer" means any person, reciprocal exchange, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including, but not limited to, producers, adjusters and 3rd-party administrators. "Insurer" also means nonprofit hospital or medical service organizations, as described in Title 24, section 2301 . A. [PL 1997, c. 634, Pt. A, §1 (RP).] B. [PL 1997, c. 634, Pt. A, §1 (RP).] C. [PL 1997, c. 634, Pt. A, §1 (RP).] D. [PL 1997, c. 634, Pt. A, §1 (RP).] E. [PL 1997, c. 634, Pt. A, §1 (RP).] [PL 1997, c. 634, Pt. A, §1 (RPR).]

2. Prohibited activities. It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to commit any act under subsection 3 if: A. It is committed in conscious disregard of this section and any rules adopted under this section; or [PL 1997, c. 634, Pt. A, §1 (NEW).] B. It has been committed with such frequency as to indicate a general business practice to engage in that type of conduct. [PL 1997, c. 634, Pt. A, §1 (NEW).] [PL 1997, c. 634, Pt. A, §1 (RPR).]

3. Unfair practices. Any of the following acts by an insurer, if committed in violation of subsection 2 , constitutes an unfair claims practice: A. Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions related to coverages at issue; [PL 1997, c. 634, Pt. A, §1 (NEW).] B. Failing to acknowledge with reasonable promptness pertinent written communications with respect to claims arising under its policies; [PL 1997, c. 634, Pt. A, §1 (NEW).] C. Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; [PL 1997, c. 634, Pt. A, §1 (NEW).] D. Failing to develop and maintain documented claim files supporting decisions made regarding liability; [PL 1997, c. 634, Pt. A, §1 (NEW).] E. Refusing to pay claims without conducting a reasonable investigation; [PL 1997, c. 634, Pt. A, §1 (NEW).] F. Failing to affirm coverage or deny coverage, reserving any appropriate defenses, within a reasonable time after having completed its investigation related to a claim; [PL 1997, c. 634, Pt. A, §1 (NEW).] G. Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured; [PL 1997, c. 634, Pt. A, §1 (NEW).] H. Making claim payments to an insured or beneficiary without indicating the coverage under which each payment is being made; [PL 1997, c. 634, Pt. A, §1 (NEW).] I. Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss and subsequent verification when subsequent verification would result in duplication of information appearing in the formal proof of loss; [PL 1997, c. 634, Pt. A, §1 (NEW).] J. Failing, in the case of claims denials or offers of compromise settlement, to promptly provide an accurate written explanation of the basis for those actions; [PL 1997, c. 634, Pt. A, §1 (NEW).] K. Failing to provide forms, accompanied by reasonable explanations for their use, necessary to present claims within 15 calendar days of such a request. This paragraph does not apply when there is an extraordinary loss or series of losses resulting from a catastrophe as determined by the superintendent; or [PL 1997, c. 634, Pt. A, §1 (NEW).] L. Failing to adopt and implement reasonable standards to ensure that the repairs of a repairer owned by or required to be used by the insurer are performed in a professional manner. [PL 1997, c. 634, Pt. A, §1 (NEW).] [PL 1997, c. 634, Pt. A, §1 (NEW).]

4. Compelling insureds to institute suits. It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to compel insureds to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them with such frequency as to indicate a general business practice; except that this provision does not apply when the insurer has a reasonable basis to contest liability or dispute the amount of any damages or the extent of any injuries claimed. [PL 1997, c. 634, Pt. A, §1 (NEW).]

5. Resolution of claims. It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to fail to deal with insureds in good faith to resolve claims made against policies of insureds without just cause and with such frequency as to indicate a general business practice. [PL 1997, c. 634, Pt. A, §1 (NEW).]

6. Chapter 56-A. The superintendent shall ensure that the provisions of chapter 56‑A and any rules adopted pursuant to that chapter are enforced consistent with this section. [PL 1997, c. 634, Pt. A, §1 (NEW).]

7. Rules. The superintendent may adopt rules necessary to carry out the provisions of this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 634, Pt. A, §1 (NEW).]

8. Private action. This section may not be construed as abridging an insurer's duty to its insured or altering policy provisions. This section may not be construed to create or imply a private cause of action for violation of this section. [PL 1997, c. 634, Pt. A, §1 (NEW).]

9. Applicability. This section does not apply to claims involving workers' compensation, medical malpractice, fidelity, suretyship or boiler and machinery insurance. [PL 1997, c. 634, Pt. A, §1 (NEW).]
24-A M.R.S. § 2746 — ME Code / Title 24-A / Chapter 33 / Section 2746
24-A §2746. Optional coverage for chiropractic services (REALLOCATED TO TITLE 24-A, SECTION 2840)
Status: in_force

(REALLOCATED TO TITLE 24-A, SECTION 2840)
24-A M.R.S. § 4122 — ME Code / Title 24-A / Chapter 55 / Section 4122
24-A §4122. Waiver
Status: in_force

The constitution and laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws and constitution of the society. Such provisions shall be binding on the society and every member and beneficiary of a member. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2439 — ME Code / Title 24-A / Chapter 27 / Section 2439
24-A §2439. Definitions
Status: in_force

As used in sections 2438 to 2445 , unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 267, §2 (NEW).]

1. Insurer. "Insurer" means any life, health, casualty or property insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization and all similar type organizations. [PL 1979, c. 267, §2 (NEW).]

2. Policy or policy form. "Policy" or "policy form" means any policy, contract, plan or agreement of life or health insurance or casualty or property insurance subject to chapter 39, subchapter II , or chapter 41, subchapter V , including credit life insurance and credit health insurance. [PL 1979, c. 267, §2 (NEW).]

3. Superintendent. "Superintendent" means the Superintendent of Insurance. [PL 1979, c. 267, §2 (NEW).]
24-A M.R.S. § 2952 — ME Code / Title 24-A / Chapter 40-A / Section 2952
24-A §2952. Termination of coverage
Status: in_force

Cancellation and nonrenewal of group policies and of coverage of group members under group policies are governed by this section. [PL 2001, c. 138, §16 (NEW).]

1. Involuntary termination. Involuntary termination of the group policy is governed by section 2908 . Individual insureds do not have standing to contest cancellation or nonrenewal of the group policy unless they have the right to represent the group policyholder. [PL 2001, c. 138, §16 (NEW).]

2. Prior notice of involuntary termination of coverage. Except as otherwise provided in this section, individual insureds have the same rights to prior notice before involuntary termination of coverage and opportunity for hearing before the superintendent to contest the termination as would be available under the cancellation control laws applicable to comparable nongroup policies. [PL 2001, c. 138, §16 (NEW).]

3. Termination of group policy. Termination of the group policy, whether voluntary or involuntary, is a valid ground for termination of coverage for all group members, if adequate notice to group members has been given in accordance with subsection 2 . [PL 2001, c. 138, §16 (NEW).]

4. Termination of group membership. Termination of group membership is a valid ground for termination of the member's coverage under a group policy, if the certificate of coverage so provides. If the certificate of coverage gives adequate notice that coverage ceases immediately upon voluntary withdrawal from the group, no further advance notice is required as a condition precedent to the termination of coverage. [PL 2001, c. 138, §16 (NEW).]

5. Continued coverage. An insurer's obligation to issue or offer continued coverage to a group member under this chapter may be satisfied by the issuance or offer of a comparable nongroup policy. [PL 2001, c. 138, §16 (NEW).]
24-A M.R.S. § 2385-E — ME Code / Title 24-A / Chapter 25 / Section 2385-E
24-A §2385-E. Workers' compensation insurance; registration of employee leasing companies
Status: in_force

A corporation, partnership, sole proprietorship or other business entity that provides staff, personnel or employees to be employed in the State to other businesses pursuant to a lease arrangement or agreement must, before becoming eligible to be issued a policy of workers' compensation insurance, register with the superintendent pursuant to Title 32, chapter 125 . Employee leasing companies are subject to rules applicable to workers' compensation insurance as adopted by the superintendent and to penalties as defined in Title 32, section 14058 . [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]
24-A M.R.S. § 2406 — ME Code / Title 24-A / Chapter 27 / Section 2406
24-A §2406. Insurable interest, property
Status: in_force

1. No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. [PL 1969, c. 132, §1 (NEW).]

2. "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 3356 — ME Code / Title 24-A / Chapter 47 / Section 3356
24-A §3356. Failure to complete and qualify
Status: in_force

If the proposed domestic mutual insurer fails to complete its organization and to secure its original certificate of authority within one year after the date its articles of incorporation were filed with the Secretary of State, its corporate powers cease, and the superintendent shall return or cause to be returned to the persons entitled to them all advance deposits or payments of premium held in trust under section 3355 . [PL 2013, c. 299, §8 (AMD).]
24-A M.R.S. § 1420-J — ME Code / Title 24-A / Chapter 16 / Section 1420-J
24-A §1420-J. Temporary licensing
Status: in_force

1. License authorized. The superintendent may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the superintendent determines that the temporary license is necessary for the servicing of an insurance business in the following cases: A. To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer's business; [PL 2001, c. 259, §24 (NEW).] B. To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license; [PL 2001, c. 259, §24 (NEW).] C. To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States; or [PL 2001, c. 259, §24 (NEW).] D. In any other circumstance when the superintendent determines that the public interest will best be served by the issuance of this license. [PL 2001, c. 259, §24 (NEW).] [PL 2001, c. 259, §24 (NEW).]

2. Limitations. The superintendent may by order limit the authority of any temporary licensee in any way determined necessary to protect insureds and the public. The superintendent may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The superintendent may by order revoke a temporary license if the interest of insureds or the public is endangered. A temporary license may not continue after the owner or the personal representative disposes of the business. [PL 2001, c. 259, §24 (NEW).]
24-A M.R.S. § 708 — ME Code / Title 24-A / Chapter 9 / Section 708
24-A §708. Marine and transportation, "wet marine" insurance defined
Status: in_force

1. "Marine and transportation insurance" includes: A. Insurance against any kinds of loss or damage to: (1) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks, and (2) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles, and (3) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise; and (4) Bridges, tunnels and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion are the only hazards to be covered; piers, wharves, docks and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks; [PL 1969, c. 132, §1 (NEW).] B. "Marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person; and [PL 2021, c. 354, §1 (AMD).] C. Travel insurance as described in section 1420‑F, subsection 1, paragraph H . [PL 2021, c. 354, §2 (NEW).] [PL 2021, c. 354, §§1, 2 (AMD).]

2. For the purposes of this Title, "wet marine and transportation" insurance is that part of "marine and transportation" insurance which includes only: A. Insurance upon vessels, crafts, hulls and of interests therein or with relation thereto; [PL 1969, c. 132, §1 (NEW).] B. Insurance of marine builders' risks, marine war risks and contracts of marine protection and indemnity insurance; [PL 1969, c. 132, §1 (NEW).] C. Insurance of freights and disbursements pertaining to a subject of insurance coming within this definition; and [PL 1969, c. 132, §1 (NEW).] D. Insurance of personal property and interests therein, in course of exportation from or importation into any country, or in course of transportation coastwise or on inland waters, including transportation by land, water or air from point of origin to final destination, in respect to, appertaining to or in connection with, any and all risks or perils of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment or reshipment incident thereto. [PL 1969, c. 132, §1 (NEW).] [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2515-A — ME Code / Title 24-A / Chapter 29 / Section 2515-A
24-A §2515-A. Right to examine and return policy
Status: in_force

1. Every individual life insurance policy delivered or issued for delivery in this State after December 31, 1976, shall contain a provision therein, or in a separate rider attached thereto when delivered, stating in substance that the person to whom the policy is issued shall be permitted to return the policy within 10 days of its delivery to such person and to have a refund of the premium paid, if after examination of the policy the purchaser is not satisfied with it for any reason. The provision shall be set forth in the policy under an appropriate caption and, if not so printed on the face page of the policy, adequate notice of the provision shall be printed or stamped conspicuously on the face page. [PL 1975, c. 168 (NEW).]

2. The policy may be so returned to the insurer at its home or branch office or to the agent through whom it was applied for, and thereupon shall be void as from the beginning and as if the policy had not been issued. [PL 1975, c. 168 (NEW).]
24-A M.R.S. § 3048-A — ME Code / Title 24-A / Chapter 41 / Section 3048-A
24-A §3048-A. Hearings
Status: in_force

Unless otherwise specified, all hearings held under this subchapter shall conform to the procedures set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV . [PL 1977, c. 694, §427 (NEW).]
24-A M.R.S. § 5075 — ME Code / Title 24-A / Chapter 68-A / Section 5075
24-A §5075. Required provisions; prohibitions; loss ratio standards for long-term care insurance
Status: in_force

1. Prohibitions. A long-term care insurance policy or certificate may not: A. Be canceled, nonrenewed or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual; [PL 1999, c. 292, §2 (NEW).] B. Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or [PL 1999, c. 292, §2 (NEW).] C. Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than for lower levels of care. [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]

2. Preexisting condition. A long-term care insurance policy or certificate must provide coverage for preexisting conditions in accordance with the following. A. A policy or certificate may not define "preexisting condition" in a manner that is more restrictive than the following: "Preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of health care services within 6 months preceding the effective date of coverage of an insured person. [PL 1999, c. 292, §2 (NEW).] B. A policy or certificate may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless such loss or confinement begins within 6 months following the effective date of coverage of an insured person. [PL 1999, c. 292, §2 (NEW).] C. The definition of "preexisting condition" in paragraph A does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and, on the basis of the answers on that application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in paragraph B expires. A long-term care insurance policy or certificate may not exclude, or use waivers or riders of any kind to exclude, limit or reduce, coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in paragraph B . [PL 1999, c. 292, §2 (NEW).] D. The superintendent may extend the limitation periods set forth in paragraphs A and B with regard to specific age group categories in specific policy forms upon findings that the extension is in the best interest of the public. [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]

3. Prior hospitalization or institutionalization. A long-term care insurance policy or certificate that contains provisions regarding prior hospitalization or institutionalization must comply with the following requirements. A. A long-term care insurance policy or certificate may not be delivered or issued for delivery in this State if the policy: (1) Conditions eligibility for any benefits on a prior hospitalization requirement; (2) Conditions eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or (3) Conditions eligibility for any benefits other than waiver of premium, post-confinement, post-acute care or recuperative benefits on a prior institutionalization requirement. [PL 1999, c. 292, §2 (NEW).] B. A long-term care insurance policy or certificate containing post-confinement, post-acute care or recuperative benefits must clearly label such limitations or conditions, including any required number of days of confinement, in a separate paragraph of the policy or certificate entitled "Limitations or Conditions on Eligibility for Benefits." [PL 1999, c. 292, §2 (NEW).] C. A long-term care insurance policy, certificate or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care may not require a prior institutional stay of more than 30 days. [PL 1999, c. 292, §2 (NEW).] D. The superintendent may adopt rules further restricting the use of prior institutionalization requirements. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]

4. Free-look provision. Applicants for long-term care insurance have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. A long-term care insurance policy or certificate must have a notice prominently printed on the first page or attached to the policy or certificate stating in substance that the applicant has the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. [PL 1999, c. 292, §2 (NEW).]

5. Benefit payment status report on long-term care benefits. Any time a long-term care benefit that is funded through a life insurance policy or certificate by the acceleration of the death benefit is in benefit payment status, a monthly report must be provided to the policyholder or certificate holder. The report must include: A. Any long-term care benefits paid out during the month; [PL 1999, c. 292, §2 (NEW).] B. An explanation of any changes in the policy, including changes in death benefits or cash values, due to long-term care benefits being paid out; and [PL 1999, c. 292, §2 (NEW).] C. The amount of long-term care benefits existing or remaining. [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]

6. Loss ratios. The superintendent may adopt rules establishing loss ratio standards for long-term care insurance policies if a specific reference to long-term care insurance policies or certificates is contained in the rules. Any loss ratio standards for employer groups as described in section 2804 and labor union groups as described in section 2805 apply to the group policy and not to certificates. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 292, §2 (NEW).]

7. Marketing as long-term care or nursing home insurance. This chapter applies to any policy, certificate or rider advertised, marketed or offered as long-term care or nursing home insurance. [PL 1999, c. 292, §2 (NEW).]
24-A M.R.S. § 7605 — ME Code / Title 24-A / Chapter 99 / Section 7605
24-A §7605. Violations
Status: in_force

1. Penalties. If a self-storage provider or its employee or authorized representative violates any provision of this chapter, the superintendent may enforce this chapter in accordance with section 12‑A except the superintendent may not impose a fine exceeding $15,000 for aggregate conduct in violation of this chapter. [PL 2021, c. 676, Pt. A, §42 (NEW).]

2. Suspension or revocation. In addition to any other penalties authorized by law, the superintendent may: A. Suspend the authority of a self-storage provider to transact self-storage insurance; [PL 2021, c. 676, Pt. A, §42 (NEW).] B. Suspend the authority of a self-storage provider to transact self-storage insurance pursuant to this chapter at specific business locations where violations have occurred; and [PL 2021, c. 676, Pt. A, §42 (NEW).] C. Suspend or revoke the authority of an individual employee or authorized representative of a self-storage provider to act under a limited lines license under section 7602, subsection 2 . [PL 2021, c. 676, Pt. A, §42 (NEW).] [PL 2021, c. 676, Pt. A, §42 (NEW).]
24-A M.R.S. § 7304 — ME Code / Title 24-A / Chapter 93 / Section 7304
24-A §7304. Disclosure
Status: in_force

Before a transportation network company driver may accept a request for a prearranged ride through the transportation network company's digital network, the transportation network company shall disclose in writing to the driver: [PL 2015, c. 279, §1 (NEW).]

1. Coverage provided. The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; [PL 2015, c. 279, §1 (NEW).]

2. Personal policy may not cover. That the transportation network company driver's own automobile insurance policy, depending on the policy's terms, might not provide any coverage while the driver is logged into the transportation network company's digital network and is available to receive transportation requests or while the driver is engaged in a prearranged ride; [PL 2015, c. 279, §1 (NEW).]

3. Contact insurer or agent. That the transportation network company driver must contact the driver's personal automobile insurer or insurance producer to advise the insurer or producer that the driver will be providing transportation network services and to determine the coverage, if any, that may be available from the driver's personal automobile insurance policy; and [PL 2015, c. 279, §1 (NEW).]

4. Potential impact on lien. That, if the motor vehicle that the transportation network company driver uses to provide transportation network services has a lien against it, using the motor vehicle for transportation network services without physical damage coverage may violate the terms of the contract with the lienholder. [PL 2015, c. 279, §1 (NEW).]
24-A M.R.S. § 4223 — ME Code / Title 24-A / Chapter 56 / Section 4223
24-A §4223. Filings and reports as public documents
Status: in_force

All applications, filings and reports required under this chapter shall be treated as public documents subject to limitations and exceptions provided in Title 1, chapter 13, subchapter I . [PL 1985, c. 704, §7 (AMD).]
24-A M.R.S. § 5005 — ME Code / Title 24-A / Chapter 67 / Section 5005
24-A §5005. Disclosure standards
Status: in_force

1. Delivery of outline of coverage. In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate may be delivered in this State, unless an outline of coverage is delivered to the applicant at the time application is made. [PL 1991, c. 740, §7 (AMD).]

2. Format; content or outline. The superintendent shall prescribe the format and content of the outline of coverage required by subsection 1 . For purposes of this section, "format" means style, arrangements and overall appearance, including such items as the size, color and prominence of type and the arrangement of text and captions. The outline of coverage must include: A. A description of the principal benefits and coverage provided in the policy; [PL 1981, c. 234, §4 (NEW).] B. [PL 1991, c. 740, §7 (RP).] C. A statement of the renewal provisions, including any reservation by the issuer of a right to change premiums; and disclosure of the existence of any automatic renewal premium increases based on the policyholder's age; and [PL 1991, c. 740, §7 (AMD).] D. A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. [PL 1981, c. 234, §4 (NEW).] [PL 1991, c. 740, §7 (AMD).]

3. Standard form; contents of informational brochure. The superintendent may prescribe by rule a standard form and the contents of an informational brochure for persons eligible for Medicare, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of Medicare. Except in the case of direct response insurance policies, the superintendent may require by regulation that the informational brochure be provided to any prospective insureds eligible for Medicare concurrently with the delivery of the outline of coverage. With respect to direct response insurance policies, the superintendent may require by rule that the prescribed brochure be provided upon request to any prospective insureds eligible for Medicare, but in no event later than the time of policy delivery. [PL 1991, c. 740, §7 (AMD).]

3-A. Captions or notice requirements. The superintendent may adopt rules for captions or notice requirements determined to be in the public interest and designed to inform the prospective insureds that particular insurance coverages are not Medicare supplement coverages for all accident and sickness insurance policies sold to persons eligible for Medicare other than: A. Medicare supplement policies; or [PL 1995, c. 332, Pt. E, §3 (AMD).] B. Disability income policies. [PL 1995, c. 332, Pt. E, §3 (AMD).] C. [PL 1995, c. 332, Pt. E, §3 (RP).] D. [PL 1995, c. 332, Pt. E, §3 (RP).] [PL 1995, c. 332, Pt. E, §3 (AMD).]

3-B. Application forms; health statements. Additional disclosure is required in applications or enrollment forms employed on or after January 1, 1993. A. An issuer including health status questions in an application or enrollment form employed during an applicant's open enrollment period shall disclose that coverage in any plan offered by the issuer is guaranteed to be issued and will be provided without regard to health status. [PL 1991, c. 740, §7 (NEW).] B. An issuer including health status questions in an application or enrollment form shall disclose to applicants enrolling after their open enrollment period, including applicants replacing coverage, that enrollment in standard Medicare Supplement Plan A is guaranteed to be issued during the annual guaranteed issue period and will be provided without regard to health status. [PL 1991, c. 740, §7 (NEW).] C. Enrollment or application forms employed to effect the replacement of coverage provided by section 5010 must disclose that: (1) For all persons, coverage in the standardized Medicare supplement plans that do not contain an outpatient prescription drug benefit is guaranteed to be issued and will be provided without regard to health status and without preexisting conditions exclusions, waiting periods, elimination periods or probationary periods for similar benefits to the extent time was spent under prior coverage; and (2) For persons with existing prescription drug coverage, coverage in the standardized Medicare supplement plans that do not contain an outpatient prescription drug benefit greater than that provided by the plan that is in force is guaranteed to be issued and will be provided without regard to health status and without preexisting conditions exclusions, waiting periods, elimination periods or probationary periods for similar benefits to the extent time was spent under prior coverage. [PL 1991, c. 740, §7 (NEW).] D. [PL 2001, c. 258, Pt. F, §3 (RP).] [PL 2001, c. 258, Pt. F, §3 (AMD).]

4. Rules. The superintendent may adopt reasonable rules to govern the full and fair disclosure of information in connection with the replacement of accident and sickness policies, subscriber contracts or certificates by persons eligible for Medicare. [PL 1991, c. 740, §7 (AMD).]
24-A M.R.S. § 2821 — ME Code / Title 24-A / Chapter 35 / Section 2821
24-A §2821. Individual certificates
Status: in_force

Except in the case of blanket health insurance, a provision that the insurer shall issue to the policyholder, for delivery to each member of the insured group, an individual certificate or printed information setting forth in summary form a statement of the essential features of the insurance coverage of such employee or such member and in substance the provisions of sections 2821 to 2828 . The insurer shall also provide for distribution by the policyholder to each member of the insured group a statement, where applicable, setting forth to whom the benefits under such policy are payable. If dependents are included in the coverage, only one certificate or printed summary need be issued for each family unit. [PL 1975, c. 183, §2 (AMD).]
24-A M.R.S. § 3310 — ME Code / Title 24-A / Chapter 47 / Section 3310
24-A §3310. Amendment of articles of incorporation; change of principal place of business
Status: in_force

1. A stock insurer may amend its articles of incorporation for any lawful purpose by authorization or vote of stockholders as provided for business corporations in general under the laws of this State applicable to such business corporations. [PL 2013, c. 299, §5 (AMD).]

2. A mutual insurer may amend its articles of incorporation for any lawful purpose by affirmative vote of a majority of those of its members entitled to vote and present or represented by proxy at a lawful meeting of its members of which the notice given members included due notice of the proposal to amend and the substance of such proposal, and by affirmative vote of the holders of at least 2/3 of the insurer's outstanding guaranty capital shares, if any. [PL 2013, c. 299, §5 (AMD).]

3. Upon adoption of an amendment under subsection 1 or 2 , the insurer shall make in triplicate a certificate, sometimes referred to as a "certificate of amendment", setting forth the amendment and the date and manner of the adoption of the amendment. The certificate must be executed by the insurer's president or vice-president and secretary or assistant secretary and duly sworn to by one of them. The insurer shall deliver to the superintendent the triplicate originals of the certificate for review, certification and approval or disapproval by the Attorney General and the superintendent, and filing and recording, all as provided for original articles of incorporation under section 3307 . The Secretary of State shall charge and collect for the use of the State a fee of $20 for filing and recording the certificate of amendment of a mutual insurer. The amendment is effective when duly approved and filed with the Secretary of State. [PL 2015, c. 329, Pt. B, §3 (AMD).]

4. An insurer may change its principal place of business without amendment of its articles of incorporation, by resolution of its board of directors. A copy of the resolution, duly certified under oath by the corporate secretary, must be executed in triplicate and filed with the superintendent, with the Secretary of State and in the corporate records. [PL 2013, c. 299, §5 (AMD).]
24-A M.R.S. § 2216 — ME Code / Title 24-A / Chapter 24 / Section 2216
24-A §2216. Insurance support organizations
Status: in_force

1. Examination and investigation. The superintendent may examine and investigate into the affairs of every insurance support organization acting on behalf of a regulated insurance entity that either transacts business in this State or transacts business outside this State that has an effect on a resident of this State in order to determine whether the insurance support organization has been or is engaged in any conduct in violation of this chapter. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

2. Service of process. An insurance support organization transacting business outside this State that has an effect on a resident of this State is deemed to have appointed the superintendent to accept service of process on its behalf. Service is complete when the superintendent sends a copy of the process by registered mail to the insurance support organization at its last known principal place of business. The return receipt is sufficient proof that notice was properly mailed by the superintendent. [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
24-A M.R.S. § 2101 — ME Code / Title 24-A / Chapter 21 / Section 2101
24-A §2101. Representing or aiding unauthorized insurer prohibited
Status: in_force

1. No person shall in this State directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such business in this State, in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or renewal thereof, or forwarding of applications for insurance or annuities, or the dissemination of information as to coverage or rates, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this State. [PL 1969, c. 132, §1 (NEW).]

2. This section does not apply to: A. Matters authorized to be done by the superintendent under the Unauthorized Insurers Process Act, sections 2102 to 2108 ; [PL 1973, c. 625, §141 (AMD).] B. Transactions as to which the insurer is not required to have a certificate of authority pursuant to section 405 (exceptions to certificate of authority requirement); [PL 1969, c. 132, §1 (NEW).] C. A licensed adjuster or attorney at law representing such an insurer from time to time in the adjuster's or attorney's professional capacity; [RR 2021, c. 1, Pt. B, §201 (COR).] D. Transactions in this State relating to a policy of wet marine and transportation insurance delivered or issued for delivery outside this State; [PL 1969, c. 132, §1 (NEW).] E. The employee, compensated on salary only, of a Maine employer who on behalf of the employer assists in the procurement or administration of insurance coverages on the property, risks and insurable interests of the employer; or [PL 2011, c. 331, §6 (AMD); PL 2011, c. 331, §§16, 17 (AFF).] F. Transactions outside this State arising from the unsolicited application of the insured, if the transaction is lawful in the jurisdiction in which it occurs and the applicable premium tax has been paid in compliance with Title 36, section 2513 . [PL 2011, c. 331, §7 (NEW); PL 2011, c. 331, §§16, 17 (AFF).] [RR 2021, c. 1, Pt. B, §201 (COR).]

3. If the superintendent has reason to believe that any insurer or other person is acting in violation of this section or section 404 , the superintendent shall commence proceedings in accordance with sections 12‑A and 404 . Section 2105 applies to all process, notices and statements of charges to be served on the unauthorized insurer or insurers. [PL 1991, c. 298, §6 (NEW).]
24-A M.R.S. § 213 — ME Code / Title 24-A / Chapter 3 / Section 213
24-A §213. Orders, notices in general
Status: in_force

1. Orders and notices of the superintendent are effective only when in writing signed by the superintendent or by the superintendent's authority. [RR 2021, c. 1, Pt. B, §157 (COR).]

2. Every order of the superintendent shall state its effective date, and shall concisely state: A. Its intent or purpose; [PL 1969, c. 132, §1 (NEW).] B. The grounds on which based; and [PL 1969, c. 132, §1 (NEW).] C. The provisions of this Title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the superintendent of the right to rely thereon. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

3. An order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to such person at the person's principal place of business or residence as last of record in the bureau. The order or notice is deemed to have been given when deposited in a mail depository of the United States post office, and of which the affidavit of the individual who so mailed the order or notice is prima facie evidence. Written notice of the party's rights to review or appeal and of the action required and of the time within which action must be taken in order to appeal must be given to each party with the decision. [RR 2021, c. 1, Pt. B, §158 (COR).]
24-A M.R.S. § 2321-D — ME Code / Title 24-A / Chapter 25 / Section 2321-D
24-A §2321-D. Advisory organizations; permitted activity
Status: in_force

An advisory organization, in addition to other activities not prohibited, is authorized on behalf of its members and subscribers to: [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

1. Develop statistical plans including territorial and class definitions; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

2. Collect statistical data from members, subscribers or any other source; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

3. Prepare and distribute prospective loss costs; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

4. Prepare and distribute factors, calculations or formulas pertaining to classification, territory, increased limits and other variables; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

5. Prepare and distribute manuals of rating rules and rating schedules that do not include final rates, expense provisions, profit provisions or minimum premiums; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

6. Distribute information that is required or directed to be filed with the superintendent; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

7. Conduct research and on-site inspections in order to prepare classifications of public fire defenses; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

8. Consult with public officials regarding public fire protection as it would affect members, subscribers and others; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

9. Conduct research and collect statistics in order to discover, identify and classify information relating to causes or prevention of losses; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

10. Prepare policy forms and endorsements and consult with members, subscribers and others relative to their use and application; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

11. Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

12. Collect, compile and distribute past and current prices of individual insurers, and publish such information; [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

13. File final rates, at the direction of the superintendent, for residual market mechanisms; and [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]

14. Furnish any other services, as approved or directed by the superintendent, related to those enumerated in this section. [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).]
24-A M.R.S. § 7058 — ME Code / Title 24-A / Chapter 90 / Section 7058
24-A §7058. Sales practices
Status: in_force

1. Trade practices and frauds applicability. All persons offering travel insurance to residents of this State are subject to chapter 23 , except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of this Title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter control. [PL 2021, c. 354, §15 (NEW).]

2. Deceptive travel insurance. Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under chapter 23 . [PL 2021, c. 354, §15 (NEW).]

3. Marketing. All persons offering travel insurance to residents of this State shall comply with the marketing requirements in this subsection. A. All documents provided to consumers prior to the purchase of travel insurance, including but not limited to policy summaries, sales materials, advertising materials and marketing materials, must be consistent with the travel insurance policy, including but not limited to forms, endorsements, policies, rate filings and certificates of insurance. [PL 2021, c. 354, §15 (NEW).] B. For travel insurance policies or certificates that contain preexisting condition exclusions, information and a reasonable opportunity to learn more about the preexisting condition exclusions must be provided prior to the time of purchase and in the fulfillment materials under section 7057, subsection 2 . [PL 2021, c. 354, §15 (NEW).] C. The fulfillment materials under section 7057, subsection 2 and the information described in section 7054, subsection 1, paragraphs A , D and E must be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen days following the date of delivery of the travel protection plan's fulfillment materials by mail; or (2) Ten days following the date of delivery of the travel protection plan's fulfillment materials by means other than mail. For the purposes of this paragraph, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by mail or electronic means to the primary policyholder or primary certificate holder. [PL 2021, c. 354, §15 (NEW).] D. The insurer shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage. [PL 2021, c. 354, §15 (NEW).] E. When travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it is not an unfair trade practice or other violation of law for an accurate summary or short description of coverage to be provided on the website or through an aggregator site, so long as the consumer has access to the full provisions of the policy through electronic means. [PL 2021, c. 354, §15 (NEW).] [PL 2021, c. 354, §15 (NEW).]

4. Opt-out format. A person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis may not do so by using a negative option or opt-out format that requires a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip. [PL 2021, c. 354, §15 (NEW).]

5. Blanket travel insurance. It is an unfair trade practice to market blanket travel insurance coverage as free. [PL 2021, c. 354, §15 (NEW).]

6. Jurisdiction dictating coverage. When a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: A. Purchasing the coverage required by the destination jurisdiction through the travel retailer or supervising travel insurance producer supplying the trip or travel package; or [PL 2021, c. 354, §15 (NEW).] B. Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure. [PL 2021, c. 354, §15 (NEW).] [PL 2021, c. 354, §15 (NEW).]
24-A M.R.S. § 6100 — ME Code / Title 24-A / Chapter 72-A / Section 6100
24-A §6100. Administrative and procedural authority regarding risk retention groups and purchasing groups
Status: in_force

The superintendent is authorized to make use of any of the powers established under the Maine Insurance Code as long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the superintendent's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceedings or litigation, the superintendent can rely on the procedural laws and rules of the State. The superintendent's injunctive authority in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. [PL 1987, c. 481, §3 (NEW).]
24-A M.R.S. § 7101 — ME Code / Title 24-A / Chapter 91 / Section 7101
24-A §7101. Short title; purpose; scope
Status: in_force

1. Short title. This chapter may be known and cited as "the Service Contracts Act." [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

2. Purpose. The purpose of this chapter is to create a legal framework within which service contracts may be sold in this State. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

3. Exclusions. The following types of service contracts are exempt from the provisions of this Title, including the other provisions of this chapter: A. Warranties; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] B. Maintenance agreements; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] C. Warranties, service contracts or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Utilities Commission; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] D. Service contracts sold or offered for sale to persons other than consumers; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] E. Service contracts on tangible personal property when the tangible personal property for which the service contract is sold has a purchase price of $100 or less, exclusive of sales tax; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] F. Road or tourist service contracts under section 3, subsection 2 ; [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] G. Home service contracts under section 3, subsection 3 ; and [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] H. Warranties, service contracts and maintenance agreements that are conditioned upon or otherwise associated with the sale or supply of heating fuel. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]

4. Limited exclusions. The application of this chapter to the following is limited as follows. A. Service contracts under which a motor vehicle dealer licensed pursuant to Title 29‑A, chapter 9 is obligated to perform and that are sold in connection with the sale or service of a motor vehicle as defined in Title 29‑A, section 101, subsection 42 are exempt from the requirements of section 7103, subsection 5 but must comply with all other requirements of this chapter. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] B. A motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products must comply only with section 7103, subsection 7 ; section 7105, subsection 1 and subsections 4 to 13 ; section 7109 ; and section 7110 , as applicable. [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).] The types of agreements referred to in subsections 3 and 4 and service contracts governed by this chapter are not insurance and are not required to comply with any provision of the insurance laws of this State other than as expressly made applicable in this chapter as long as the service contract provider and administrator have registered with the superintendent as required by section 7103, subsection 4 . [PL 2011, c. 345, §4 (NEW); PL 2011, c. 345, §7 (AFF).]
24-A M.R.S. § 2177 — ME Code / Title 24-A / Chapter 23 / Section 2177
24-A §2177. Insurer name -- deceptive use prohibited
Status: in_force

No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2382 — ME Code / Title 24-A / Chapter 25 / Section 2382
24-A §2382. Rate standards
Status: in_force

The following standards apply to the making and the use of rates under this Act. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

1. Rates. Rates may not be excessive, inadequate, or unfairly discriminatory. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

2. Excessive rates. Voluntary and residual market rates are subject to the following. A. Rates in the voluntary market are not excessive. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] B. Rates in the residual market are excessive if they are likely to produce a long-term profit that is unreasonably high for the insurance provided and for surplus requirements or if expenses are unreasonably high in relation to services rendered. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

3. Inadequate rates. A rate is not inadequate unless insufficient to sustain projected losses and expenses and the use of the rate has had a tendency to create a monopoly or, if continued, will tend to create a monopoly in the market or will cause serious financial harm to the insurer. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

4. Unfair discrimination. Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses. A rate is not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expenses, or like expenses but different loss exposures, so long as the rate reflects the differences with reasonable accuracy. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

5. Determination of compliance. Determination of compliance with standards for rate factors, expenses and profits is as follows. A. In determining whether rates comply with standards under this section, due consideration may be given to: (1) Past and prospective loss and expense experience within and outside of the State; (2) Catastrophe hazards and contingencies; (3) Loadings for leveling premium rates over time; (4) Dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers; and (5) Past and prospective expenses, both countrywide and those specifically applicable to the State. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] B. The expense provisions included in the rates to be used by an insurer must reflect the operating methods of the insurer, and, so far as credible, its own actual and anticipated expense experience. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] C. Rates may contain provision for contingencies and allowance permitting a reasonable profit. In determining the reasonableness of profit, consideration must be given to all investment income attributable to premiums, the reserves associated with those premiums and the amount of capital and surplus allocable to the coverage of risks in the State. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]
24-A M.R.S. § 5080 — ME Code / Title 24-A / Chapter 68-A / Section 5080
24-A §5080. Applicability
Status: in_force

This chapter applies to long-term care policies and certificates issued or delivered in this State on or after January 1, 2000. Policies and certificates issued prior to January 1, 2000 and remaining in effect on that date are subject to the requirements of chapter 68 . Those policies and any certificates issued pursuant to those policies prior to January 1, 2000 continue in effect subsequent to the enactment of this chapter. [PL 1999, c. 292, §2 (NEW).]

All certificates of coverage issued or delivered to residents of this State after January 1, 2000 must meet the requirements of this chapter and any rules adopted pursuant to this chapter, except that long-term care policies or certificates issued pursuant to a provision included in a policy approved in accordance with chapter 68 giving a policyholder or certificate holder a right to purchase or increase coverage at a later date may be issued with benefits consistent with chapter 68 after January 1, 2000. [PL 1999, c. 292, §2 (NEW).]
24-A M.R.S. § 2918 — ME Code / Title 24-A / Chapter 39 / Section 2918
24-A §2918. Duplicate coverage
Status: in_force

If an insured obtains a 2nd policy which provides equal or more extensive coverage for any vehicle designated in both policies, the first policy's coverage of such vehicle may be terminated by failure to renew as of the effective time and date of the 2nd policy, whether or not the first policy insurer complies with all provisions of section 2917 . [PL 1973, c. 339, §1 (NEW).]
24-A M.R.S. § 703-A — ME Code / Title 24-A / Chapter 9 / Section 703-A
24-A §703-A. Charitable gift annuity agreement
Status: in_force

1. Charitable gift annuity agreement defined. For the purposes of this Title, a "charitable gift annuity agreement" is a written contract in which a qualified organization receives money or other property conditioned upon the organization's agreement to pay an annuity to one or more individuals; as long as, with respect to the organization, the annuity meets the requirements for exclusion from the definition of "acquisition indebtedness" under the Internal Revenue Code, Section 514(c)(5) or a successor provision. [PL 1995, c. 375, Pt. C, §3 (NEW).]

2. Qualified organization defined. For the purposes of this Title, a "qualified organization" is an organization that is privately and specially established as an instrumentality of the State for a nonprofit purpose or an organization that meets the following requirements. A. The organization is a nonprofit organization that is either: (1) An organization to which the Maine Nonprofit Corporation Act applies; or (2) Organized under the laws of a jurisdiction within the United States and qualified as a foreign corporation pursuant to Title 13‑B, chapter 12 . [PL 1995, c. 375, Pt. C, §3 (NEW).] B. The organization qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(c)(3) or a successor provision. [PL 1995, c. 375, Pt. C, §3 (NEW).] C. The organization: (1) Has been operating continuously for 5 or more years; (2) Is a parent or subsidiary of a qualified organization; or (3) Is the successor to an organization that meets the requirements of paragraphs A and B and both organizations together have operated continuously for 5 or more years. [PL 1995, c. 375, Pt. C, §3 (NEW).] [PL 1995, c. 375, Pt. C, §3 (NEW).]
24-A M.R.S. § 2847-F — ME Code / Title 24-A / Chapter 35 / Section 2847-F
24-A §2847-F. Gynecological and obstetrical services (REALLOCATED FROM TITLE 24-A, SECTION 2850-A)
Status: in_force

(REALLOCATED FROM TITLE 24-A, SECTION 2850-A)

1. Coverage in managed care plans. With respect to managed care plans that require group members to select primary care physicians, an insurer that issues group health insurance policies, contracts and certificates must meet the following requirements. A. The insurer must permit a physician who specializes in obstetrics and gynecology to serve as a primary care physician if the physician qualifies under the insurer's credentialling policy. [PL 1997, c. 370, Pt. H, §1 (RAL).] B. All group plan contracts must provide coverage for an annual gynecological examination, including routine pelvic and clinical breast examinations, performed by a physician, certified nurse practitioner or certified nurse midwife participating in the plan, without requiring the prior approval of the primary care physician. [PL 1997, c. 370, Pt. H, §1 (RAL).] C. If the examination specified in paragraph B reveals a gynecological condition for which another visit to the physician participating in the plan is medically required and appropriate, or for any gynecological care beyond the annual examination, the carrier may require the patient or the examining physician, certified nurse practitioner or certified nurse midwife to secure from the patient's primary care physician a referral to the participating physician, certified nurse practitioner or certified nurse midwife from whom such care may be obtained. [PL 1997, c. 370, Pt. H, §1 (RAL).] [PL 2003, c. 517, Pt. A, §9 (AMD); PL 2003, c. 517, Pt. A, §13 (AFF).]

2. Application. This section applies to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 2003, c. 517, Pt. A, §9 (AMD); PL 2003, c. 517, Pt. A, §13 (AFF).]

This section does not prohibit a carrier from requiring a physician, certified nurse practitioner or certified nurse midwife participating in the plan to inform a woman's primary care physician prior to each treatment pursuant to this section. [PL 1997, c. 370, Pt. H, §1 (RAL).]
24-A M.R.S. § 2697 — ME Code / Title 24-A / Chapter 32-A / Section 2697
24-A §2697. Rulemaking
Status: in_force

The superintendent may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this chapter are major substantive rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 410, Pt. C, §1 (NEW).]
24-A M.R.S. § 2691 — ME Code / Title 24-A / Chapter 32-A / Section 2691
24-A §2691. Scope
Status: in_force

1. Health insurance policies. This chapter applies to individual health insurance policies subject to chapter 33 and to group health insurance policies and certificates subject to chapter 35 . [PL 2001, c. 410, Pt. C, §1 (NEW).]

2. Dental plans and vision care plans. This chapter applies to dental plans and vision care plans only as specified. [PL 2001, c. 410, Pt. C, §1 (NEW).]

3. Policies not subject to this chapter. This chapter does not apply to: A. Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance when that group or individual policy or contract includes provisions that are inconsistent with the requirements of this chapter; [PL 2001, c. 410, Pt. C, §1 (NEW).] B. Policies issued to employees or members as additions to franchise plans in existence on the effective date of this chapter; [PL 2001, c. 410, Pt. C, §1 (NEW).] C. Medicare supplement policies subject to chapter 67 ; [PL 2001, c. 410, Pt. C, §1 (NEW).] D. Long-term care insurance policies subject to chapters 68 and 68‑A ; [PL 2003, c. 428, Pt. G, §2 (AMD).] E. Group disability income protection coverage; or [PL 2001, c. 410, Pt. C, §1 (NEW).] F. Insurance policies supplemental to the Civilian Health and Medical Program of the Uniformed Services, CHAMPUS, 10 United States Code, Chapter 55 (2000). [PL 2001, c. 410, Pt. C, §1 (NEW).] [PL 2003, c. 428, Pt. G, §2 (AMD).]
24-A M.R.S. § 3627 — ME Code / Title 24-A / Chapter 51 / Section 3627
24-A §3627. Agents; liability
Status: in_force

Any person who solicits insurance on behalf of any insurer or transmits for a person other than the person soliciting the insurance an application for, or a policy of, insurance to or from such insurer, or in any manner acts in the negotiation of such insurance, or in the inspection or valuation of the property insured must be deemed the agent of the insurer, and except as otherwise provided, is liable to all the duties, requirements, liabilities and penalties to which an agent of any insurer is subject. [RR 2021, c. 1, Pt. B, §311 (COR).]
24-A M.R.S. § 3040 — ME Code / Title 24-A / Chapter 41 / Section 3040
24-A §3040. Insurance on furniture, owned jointly by husband and wife
Status: in_force

Insurance effected by a husband or wife on a dwelling house owned by the insured and on the furniture therein is valid for all the furniture, although part is owned by the husband and part by the wife. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 4303-E — ME Code / Title 24-A / Chapter 56-A / Section 4303-E
24-A §4303-E. Dispute resolution process for surprise bills and bills for out-of-network emergency services
Status: in_force

1. Independent dispute resolution process. The superintendent shall establish an independent dispute resolution process by which a dispute for a surprise bill for emergency services or a bill for covered emergency services rendered by an out-of-network provider in accordance with section 4303‑C, subsection 2 may be resolved as provided in this subsection beginning no later than October 1, 2020. A. The superintendent may select an independent dispute resolution entity to conduct the dispute resolution process. The superintendent shall adopt rules to implement a dispute resolution process that uses a standard arbitration form and includes the selection of an arbitrator from a list of qualified arbitrators developed pursuant to the rules. A qualified arbitrator must be independent; may not be affiliated with a carrier, health care facility or provider or any professional association of carriers, health care facilities or providers; may not have a personal, professional or financial conflict with any parties to the arbitration; and must have experience in health care billing and reimbursement rates. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 668, §3 (NEW).] B. An independent dispute resolution entity shall make a decision within 30 days of receipt of the dispute for review. [PL 2019, c. 668, §3 (NEW).] C. In determining a reasonable fee for the health care services rendered, an independent dispute resolution entity shall select either the carrier's payment or the out-of-network provider's fee. The independent dispute resolution entity shall determine which amount to select based upon the conditions and factors set forth in this paragraph. In determining the reasonable fee for a health care service, an independent dispute resolution entity shall consider all relevant factors, including: (1) The out-of-network provider's level of training, education, specialization, quality and experience and, in the case of a hospital, the teaching staff, scope of services and case mix; (2) The out-of-network provider's previously contracted rate with the carrier, if the provider had a contract with the carrier that was terminated or expired within one year prior to the dispute; and (3) The median network rate for the particular health care service performed by a provider in the same or similar specialty, as determined by the all-payer claims database maintained by the Maine Health Data Organization or, if Maine Health Data Organization claims data is insufficient or otherwise inapplicable, another independent medical claims database. If authorized by rule, the superintendent may enter into an agreement to obtain data from an independent medical claims database to carry out the functions of this subparagraph. [PL 2019, c. 668, §3 (NEW).] D. If an independent dispute resolution entity determines, based on the carrier's payment and the out-of-network provider's fee, that a settlement between the carrier and out-of-network provider is reasonably likely, or that both the carrier's payment and the out-of-network provider's fee represent unreasonable extremes, the independent dispute resolution entity may direct both parties to attempt a good faith negotiation for settlement. The carrier and out-of-network provider may be granted up to 10 business days for this negotiation, which runs concurrently with the 30-day period for dispute resolution. [PL 2019, c. 668, §3 (NEW).] E. The determination of an independent dispute resolution entity is binding on the carrier, out-of-network provider and enrollee and is admissible in any court proceeding between the carrier, out-of-network provider and enrollee or in any administrative proceeding between this State and the provider. [PL 2019, c. 668, §3 (NEW).] F. When an independent dispute resolution entity determines the carrier's payment is reasonable, payment for the dispute resolution process is the responsibility of the out-of-network provider. When the independent dispute resolution entity determines the out-of-network provider's fee is reasonable, payment for the dispute resolution process is the responsibility of the carrier. When a good faith negotiation directed by the independent dispute resolution entity results in a settlement between the carrier and the out-of-network provider, the carrier and the out-of-network provider shall evenly divide and share the prorated cost for dispute resolution. [PL 2019, c. 668, §3 (NEW).] G. [PL 2021, c. 222, §2 (RP).] H. The superintendent shall enforce the determination of an independent dispute resolution entity pursuant to this subsection or any agreement made by a carrier and an out-of-network provider after the conclusion of the independent dispute resolution process pursuant to this subsection. The superintendent may use any powers provided to the superintendent under this Title. [PL 2019, c. 668, §3 (NEW).] I. Following a determination by an independent dispute resolution entity of a reasonable fee for a particular health care service, an out-of-network provider may not initiate the dispute resolution process under this subsection for that same health care service for a period of 90 days. [PL 2021, c. 222, §3 (NEW).] [PL 2021, c. 222, §§2, 3 (AMD).]

2. Self-insured health benefit plans. An entity providing or administering a self-insured health benefit plan exempted from the applicability of this section under the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 1001 to 1461 (1988) may elect to be subject to the provisions of this section to resolve disputes with respect to a surprise bill for emergency services or a bill for covered emergency services from an out-of-network provider. In the event an entity providing or administering a self-insured health benefit plan elects to be subject to the provisions of this section, the provisions of this section apply to a self-insured health benefit plan and its members in the same manner as the provisions of this section apply to a carrier and its enrollees. To elect to be subject to the provisions of this section, the entity shall provide notice, on an annual basis, to the superintendent, on a form and in a manner prescribed by the superintendent, attesting to the entity's participation and agreeing to be bound by the provisions of this section. The entity shall amend the health benefit plan, coverage policies, contracts and any other plan documents to reflect that the provisions of this section apply to the plan's members. [PL 2019, c. 668, §3 (NEW).]

3. Information required from carriers. As part of the carrier's annual public regulatory filings made to the superintendent, a carrier shall submit in a form and manner determined by the superintendent information related to: A. The use of out-of-network providers by enrollees and the impact on premium affordability and benefit design; and [PL 2019, c. 668, §3 (NEW).] B. The number of claims submitted by a provider to the carrier that are denied or down coded by the carrier and the reason for the denial or down coding determination. [PL 2019, c. 668, §3 (NEW).] [PL 2019, c. 668, §3 (NEW).]

4. Report from superintendent. On or before January 31st annually, beginning January 1, 2022, the superintendent shall report the following information received from all carriers in the aggregate: A. The number of requests for independent dispute resolution filed pursuant to this section between January 1st and December 31st of the previous calendar year, including the percentage of all claims that were subject to dispute. For each independent dispute resolution determination, the carrier shall provide aggregate information that does not identify any provider, carrier, enrollee or uninsured patient involved in each determination about: (1) Whether the determination was in favor of the carrier, out-of-network provider or uninsured patient; (2) The payment amount offered by each side of the independent dispute resolution process and the award amount from the independent dispute resolution determination; (3) The category and practice specialty of each out-of-network provider involved, as applicable; and (4) A description of the health care service that was subject to dispute; [PL 2019, c. 668, §3 (NEW).] B. The percentage of facilities and hospital-based professionals, by specialty, that are in network for each carrier in this State as reported in access plans submitted to the superintendent; [PL 2019, c. 668, §3 (NEW).] C. The number of complaints the superintendent receives relating to out-of-network health care charges; [PL 2019, c. 668, §3 (NEW).] D. Annual trends on health benefit plan premium rates, the total annual amount of spending on inadvertent and emergency out-of-network costs by carriers and medical loss ratios in the State to the extent that the information is available; [PL 2019, c. 668, §3 (NEW).] E. The number of physician specialists practicing in the State in a particular specialty and whether they are in network or out of network with respect to the carriers that administer the state employee group health plan under Title 5, section 285 , the Maine Education Association benefits trust health plan, the qualified health plans offered pursuant to the federal Affordable Care Act and other health benefit plans offered in the State; [PL 2019, c. 668, §3 (NEW).] F. A summary of the information submitted to the superintendent pursuant to subsection 3 concerning the number of claims submitted by health care providers to carriers that are denied or down coded by the carrier and the reasons for the denials or down coding determinations; [PL 2019, c. 668, §3 (NEW).] G. An analysis of the impact of this section, with respect to both emergency services and other health care services, on premium affordability and the breadth of provider networks; and [PL 2019, c. 668, §3 (NEW).] H. Any other benchmarks or information that the superintendent considers appropriate to make publicly available to further the goals of this section. [PL 2019, c. 668, §3 (NEW).] The superintendent shall submit the report to the joint standing committee of the Legislature having jurisdiction over health insurance matters and shall post the report on the bureau's publicly accessible website. [PL 2019, c. 668, §3 (NEW).]

5. Confidentiality. Except as provided in this subsection, all records of the bureau or an independent dispute resolution entity relating to an independent dispute resolution request or proceeding are confidential and not a public record under Title 1, chapter 13 . [PL 2025, c. 348, §34 (NEW).]
24-A M.R.S. § 3052 — ME Code / Title 24-A / Chapter 41 / Section 3052
24-A §3052. Duplicate coverage
Status: in_force

If an insured obtains a replacement policy which provides equal or more extensive coverage for any property designated in both policies, the first insurer's coverage of such property may be terminated by failure to renew as of the effective time and date of the replacement policy, whether or not the first insurer complies with all provisions of section 3051 . [PL 1973, c. 239 (NEW).]
24-A M.R.S. § 6103 — ME Code / Title 24-A / Chapter 72-A / Section 6103
24-A §6103. Binding effects of orders issued in the United States District Court
Status: in_force

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that such a group is in a hazardous financial condition, shall be enforceable in the courts of this State. [PL 1987, c. 481, §3 (NEW).]
24-A M.R.S. § 6915 — ME Code / Title 24-A / Chapter 87 / Section 6915
24-A §6915. Dirigo Health Enterprise Fund
Status: in_force

The Dirigo Health Enterprise Fund is created as an enterprise fund for the deposit of any funds advanced for initial operating expenses, payments made by employers and individuals, any savings offset payments made pursuant to former section 6913 , any access payments made pursuant to section 6917 and any funds received from any public or private source. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter. [PL 2009, c. 359, §3 (AMD); PL 2009, c. 359, §8 (AFF).]
24-A M.R.S. § 4131 — ME Code / Title 24-A / Chapter 55 / Section 4131
24-A §4131. Review
Status: in_force

All decisions and findings of the superintendent made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this State. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 7051-A — ME Code / Title 24-A / Chapter 90 / Section 7051-A
24-A §7051-A. Applicability of chapter
Status: in_force

1. Applicability. The requirements of this chapter apply to travel insurance that covers any resident of this State; that is sold, solicited, negotiated or offered in this State; and for which policies and certificates are delivered or issued for delivery in this State. This chapter does not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter. [PL 2021, c. 354, §4 (NEW).]

2. Application of other laws. All other applicable provisions of this State's insurance laws apply to travel insurance except that the specific provisions of this chapter supersede any general provisions of law that would otherwise be applicable to travel insurance. [PL 2021, c. 354, §4 (NEW).]
24-A M.R.S. § 2612-A — ME Code / Title 24-A / Chapter 31 / Section 2612-A
24-A §2612-A. Other groups
Status: in_force

Group life insurance offered to a resident of this State under a group life insurance policy issued to a group other than one described in sections 2602‑A to 2610‑A is subject to the following requirements. [PL 1981, c. 150, §16 (NEW).]

1. No group life insurance policy may be delivered in this State, pursuant to this section, unless the superintendent finds that: A. The policyholder is a bona fide group formed for purposes other than the procurement of insurance; [PL 1987, c. 476, §2 (AMD).] B. The issuance of the group policy would be actuarially sound; [PL 1981, c. 150, §16 (NEW).] C. The issuance of the group policy would result in economies of acquisition or administration; and [PL 1987, c. 476, §2 (AMD).] D. The benefits are reasonable in relation to the premiums charged. [PL 1981, c. 150, §16 (NEW).] [PL 1987, c. 476, §2 (AMD).]

2. No group life insurance coverage may be offered in this State, pursuant to this section, by an insurer under a policy issued in another state, unless the superintendent has made a determination that the requirements of subsection 1, paragraphs A , B , C and D have been met. [PL 1987, c. 476, §3 (RPR).]

2-A. Notwithstanding subsections 1 and 2 , an employee leasing company registered pursuant to Title 32, chapter 125 qualifies as an eligible group for purposes of the purchase of group life insurance as provided in this section. [PL 1995, c. 618, §2 (NEW).]

3. The premium for the policy shall be paid either from the policyholder's funds or from funds contributed by the covered persons, or from both. [PL 1981, c. 150, §16 (NEW).]

4. An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer. [PL 1981, c. 150, §16 (NEW).]
24-A M.R.S. § 1263 — ME Code / Title 24-A / Chapter 15 / Section 1263
24-A §1263. Duration and release of deposit, in general
Status: in_force

1. Every deposit made in this State by an insurer pursuant to this Title shall be held as long as there is outstanding any liability of the insurer as to which the deposit was so required; or, if a deposit required under the retaliatory provision, section 428 , the deposit shall be held for so long as the basis of such retaliation exists. [PL 1969, c. 132, §1 (NEW).]

2. Upon the request of a domestic insurer, the superintendent shall return to the insurer the whole or any portion of the assets and securities of the insurer held on deposit when the superintendent is satisfied that the securities so to be returned are subject to no liability and are not required to be longer held by any provision of law or the purposes of the original deposit. If the insurer has reinsured all its outstanding risks in another insurer or insurers authorized to transact insurance in this State, and if so provided in the reinsurance agreement, the superintendent shall deliver such securities to such insurer or insurers so assuming such risks, upon proof to the superintendent's satisfaction: A. That the assuming insurer has assumed and agreed to discharge all liabilities of every kind due and to become due that the deposit was to secure; [RR 2021, c. 1, Pt. B, §199 (COR).] B. That the assuming insurer has on deposit in this State or with a State official in the United States, securities in an amount and value not less than the deposit required of the reinsured insurer and that will subsist for the security of the obligations of the reinsured insurer so assumed; and [RR 2021, c. 1, Pt. B, §199 (COR).] C. That such assets and securities have been duly assigned, transferred and set over to such assuming insurer or insurers. [PL 1969, c. 132, §1 (NEW).] [RR 2021, c. 1, Pt. B, §199 (COR).]

3. The superintendent shall return to a foreign insurer any deposit made in this State by the insurer, when the insurer has ceased transacting insurance in this State, or in the United States, and the insurer is not subject to any liability in this State on account of which the deposit was held. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

4. If the insurer is subject to delinquency proceedings as defined in section 4353 upon the order of a court of competent jurisdiction the superintendent shall yield the insurer's assets held on deposit to the receiver, conservator, rehabilitator or liquidator of the insurer, or to any other properly designated official or officials who succeed to the management and control of the insurer's assets. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]

5. A release of deposited assets may not be made except upon application to and the written order of the superintendent. The superintendent may have no personal liability for any release of any such deposit or part thereof so made by the superintendent in good faith. [RR 2021, c. 1, Pt. B, §200 (COR).]
24-A M.R.S. § 406 — ME Code / Title 24-A / Chapter 5 / Section 406
24-A §406. General eligibility for certificate of authority
Status: in_force

To qualify for and hold authority to transact insurance in this State, an insurer must be otherwise in compliance with this Title and with its charter powers, and must be an incorporated stock or mutual insurer, or a reciprocal or Lloyd's insurer; of the same general type as may be formed as a domestic insurer under this Title; except that: [PL 1969, c. 132, §1 (NEW).]

1. No foreign insurer shall be authorized to transact insurance in this State unless as to insurance written in this State it maintains reserve as required by chapter 11 (assets and liabilities); or which, if other than a property or casualty insurer, transacts business anywhere in the United States on the assessment plan, or stipulated premium plan, or any similar plan; [PL 1969, c. 132, §1 (NEW).]

2. No insurer shall be authorized to transact a kind of insurance in this State unless duly authorized or qualified to transact such insurance in the state or country of its domicile; [PL 1969, c. 132, §1 (NEW).]

3. No insurer shall be authorized to transact in this State any kind of insurance which is not within the definitions as set forth in chapter 9 (kinds of insurance); [PL 1969, c. 132, §1 (NEW).]

4. No such authority shall be granted or continued as to any insurer while in arrears to the State for fees, licenses, taxes, assessments, fines or penalties accrued on business previously transacted in this State; [PL 1969, c. 132, §1 (NEW).]

5. A Lloyd's insurer shall be treated as a stock insurer for the purposes of this Title, with net assets over all liabilities to be not less than the capital funds required of a foreign stock insurer transacting the same kinds of insurance. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 423-B — ME Code / Title 24-A / Chapter 5 / Section 423-B
24-A §423-B. Periodic financial reports of insurer-controlled health maintenance organizations
Status: in_force

An authorized insurer that controls and operates a health maintenance organization as a division or line of business shall file on a continuing basis any additional periodic financial reports required by the superintendent by rule. [PL 1993, c. 702, Pt. A, §8 (NEW).]
24-A M.R.S. § 2505 — ME Code / Title 24-A / Chapter 29 / Section 2505
24-A §2505. Grace period
Status: in_force

There shall be a provision that a grace period of 30 days, or, at the option of the insurer, of one month of not less than 30 days, or of 4 weeks in the case of industrial life insurance policies the premiums for which are payable more frequently than monthly, shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force. The insurer may impose an interest charge not in excess of 6% per annum for the number of days of grace elapsing before the payment of the premium, and, whether or not such interest charge is imposed, if a claim arises under the policy during such period of grace the amount of any premium due or overdue, together with interest and any deferred installment of the annual premium, may be deducted from the policy proceeds. Grace shall date from the premium due date specified in the policy. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 2411 — ME Code / Title 24-A / Chapter 27 / Section 2411
24-A §2411. Representations in applications
Status: in_force

All statements and descriptions in any application for insurance or for an annuity contract, by or in behalf of the insured or annuitant, are deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts and incorrect statements may not prevent a recovery under the policy or contract unless either: [PL 1999, c. 223, §1 (AMD).]

1. Fraudulent; or [PL 1969, c. 132, §1 (NEW).]

2. Material either to the acceptance of the risk, or to the hazard assumed by the insurer, such that the insurer in good faith would either not have issued the insurance or contract, or would not have issued it at the same premium rate, or would not have issued insurance in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise. [PL 1999, c. 223, §1 (AMD).]

3. [PL 1999, c. 223, §1 (RP).]

To prevent a recovery under this section for any application for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit or accident insurance, an insurer need only prove one of the acts described in this section, not an act under subsections 1 and 2 . [PL 1999, c. 223, §1 (NEW).]
24-A M.R.S. § 2425 — ME Code / Title 24-A / Chapter 27 / Section 2425
24-A §2425. Payment discharges insurer
Status: in_force

Whenever the proceeds of or payments under an insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance therewith or in accordance with any written assignment thereof, the person then designated as being entitled thereto shall be entitled to receive such proceeds or payments and to give full acquittance therefor, and such payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that such other person claims to be entitled to such payment or some interest in the policy or contract. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 1477 — ME Code / Title 24-A / Chapter 16 / Section 1477
24-A §1477. Reciprocity
Status: in_force

1. Reciprocity. The superintendent shall waive any requirements for a nonresident adjuster license applicant with a valid license from that applicant's home state, except the requirements imposed by sections 1420‑G and 1472, subsection 2, paragraph B , if the applicant's home state awards nonresident licenses to residents of this State on the same basis. If the applicant's home state does not license adjusters for the license or authority sought, the applicant shall designate as the applicant's home state any state in which the applicant is licensed and in good standing. [PL 2015, c. 49, §3 (NEW).]
24-A M.R.S. § 425-A — ME Code / Title 24-A / Chapter 5 / Section 425-A
24-A §425-A. Contract to participate in finance program
Status: in_force

An authorized insurer may enter into a contract or arrangement with a financial institution for the purpose of participating in a finance program with the financial institution. In this case, the financial institution need not be licensed as a producer, as long as the purpose of the arrangement is to authorize an insurer to direct or refer insureds, prospective insureds or other customers to the financial institution for loans, or for the purpose of authorizing an insurer to facilitate arrangements for leases, loans or credit applications with the financial institution. This section does not exempt persons from otherwise complying with applicable state or federal laws relating to entering into such contracts. [PL 1997, c. 457, §16 (NEW).]
24-A M.R.S. § 2302 — ME Code / Title 24-A / Chapter 25 / Section 2302
24-A §2302. Scope of chapter
Status: in_force

1. This chapter applies to: A. Casualty insurance and all forms of motor vehicle insurance on risks or operations in this State; [PL 1969, c. 132, §1 (NEW).] B. Surety insurance; [PL 1969, c. 132, §1 (NEW).] C. Property, marine and inland marine insurance on risks located in this State. Inland marine insurance shall be deemed to include insurance now or hereafter defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of the superintendent, or as established by general custom of the business, as inland marine insurance; and [PL 1989, c. 351, §1 (AMD).] D. Title insurance. [PL 1989, c. 351, §2 (NEW).] [PL 1989, c. 351, §§1, 2 (AMD).]

2. This chapter shall not apply to: A. Reinsurance, except joint reinsurance as provided in section 2322‑A ; [PL 2007, c. 466, Pt. D, §6 (AMD).] B. Health insurance; [PL 1969, c. 132, §1 (NEW).] C. Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; [PL 1969, c. 132, §1 (NEW).] D. Insurance of hulls of aircraft, including their accessories and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance or use of aircraft; [PL 1987, c. 769, Pt. A, §91 (AMD).] E. Life insurance; or [PL 1989, c. 351, §3 (AMD).] F. [PL 1989, c. 351, §4 (RP).] G. Insurance written on an assessment plan by domestic mutual insurers. [PL 1969, c. 132, §1 (NEW).] [PL 2007, c. 466, Pt. D, §6 (AMD).]

3. Workers' compensation is primarily subject to chapter 25, subchapter II‑B , but any other parts of this subchapter not inconsistent with that subchapter also apply. [PL 1991, c. 885, Pt. B, §1 (AMD); PL 1991, c. 885, Pt. B, §13 (AFF).]

4. Nothing in this chapter shall abridge or restrict the freedom of contract between insurers and agents or brokers with respect to commissions or between insurers and their employees with respect to compensation. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 6223 — ME Code / Title 24-A / Chapter 73 / Section 6223
24-A §6223. Annual report
Status: in_force

The provider shall submit an annual report to the superintendent within 120 days after the end of the provider's fiscal year. The annual report shall include: [PL 1987, c. 482, §1 (NEW).]

1. Financial statements. Financial statements of the provider, including, as a minimum, a balance sheet, income statement and a statement of changes in financial position, presented in conformance with generally accepted accounting principles and certified by an independent certified public accountant; [PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §21 (AMD); PL 1989, c. 343, §23 (AFF).]

1-A. Financial information. [PL 1989, c. 343, §22 (NEW); PL 1989, c. 343, §23 (RP).]

2. Material changes. Any material changes in the information submitted pursuant to this chapter; [PL 1995, c. 452, §31 (AMD).]

3. Report. A report of the total number and disposition of complaints handled through the provider complaint system and a compilation of causes underlying the complaints; and [PL 1995, c. 452, §31 (AMD).]

4. Statement of financial condition. A full and true statement of the provider's financial condition, transactions and affairs as of the end of its fiscal year. The report must be in the general form and context of, and require information as called for by, the form of the annual statement as currently in general and customary use in the United States for the type of provider and kind of community to be reported upon, with any useful or necessary modification or adaptation thereof and as supplemented by additional information required by the superintendent. The statement must be verified by either the provider's president or vice-president, and either the secretary or actuary, as applicable, or in the absence of the foregoing, by 2 other principal officers. The superintendent may adopt rules that prescribe accounting standards applicable to statements filed pursuant to this section. These rules may permit or require any provider to conform its financial presentations to the standards of preparation prescribed in the accounting practices and procedures manual of the National Association of Insurance Commissioners. [PL 1995, c. 452, §32 (NEW).]
24-A M.R.S. § 6704 — ME Code / Title 24-A / Chapter 83 / Section 6704
24-A §6704. Minimum capital and surplus
Status: in_force

1. Minimum capital and surplus. A captive insurance company may not be issued a license unless the company has and maintains unimpaired paid-in capital and surplus of: A. In the case of a pure captive insurance company, not less than $250,000; [PL 2009, c. 335, §10 (AMD).] B. In the case of an association captive insurance company, not less than $750,000, except for an association captive insurance company insuring only health risks that elects to secure coverage in accordance with section 6706, subsection 2‑A , maintains adequate reserve funds and has reinsurance unless the superintendent waives or modifies the reinsurance requirement. Reserve funds are presumed adequate if the association members have an aggregate net worth of at least $100,000,000 and the superintendent determines that the funds are adequate to cover at least 3 months of claims and expenses; [PL 2011, c. 90, Pt. I, §3 (AMD).] C. In the case of an industrial insured captive insurance company, not less than $500,000; [PL 2009, c. 335, §10 (AMD).] D. In the case of a sponsored captive insurance company, not less than $500,000; and [PL 2009, c. 335, §10 (NEW).] E. In the case of a risk retention group, not less than $1,000,000. [PL 2009, c. 335, §10 (NEW).] The superintendent may prescribe additional capital based upon the type, volume and nature of insurance business transacted, except for an association captive health insurance company insuring only health risks that elects to secure coverage in accordance with section 6706, subsection 2‑A . [PL 2011, c. 90, Pt. I, §3 (AMD).]

2. Letter of credit. The required capital may be in the form of cash, an irrevocable letter of credit issued by a bank chartered in this State or a member bank of the Federal Reserve System or any other security approved by the superintendent. [PL 1997, c. 435, §1 (NEW).]

3. Dividends. A captive insurance company may not pay a dividend out of or make any other distribution with respect to capital and surplus in excess of the limitations under section 222 without the prior approval of the superintendent. Approval of an ongoing plan for the payment of dividends or other distributions must be conditioned upon the retention, at the time of each payment, of capital and surplus in excess of amounts specified by, or determined in accordance with formulas approved by, the superintendent. Notwithstanding the provisions of Title 13‑B or 13‑C , a captive insurance company organized under the provisions of either Title may make such distributions as are in conformity with its purposes with the prior approval of the superintendent. [PL 2009, c. 335, §10 (AMD).]
24-A M.R.S. § 3030 — ME Code / Title 24-A / Chapter 41 / Section 3030
24-A §3030. Lien established; application of payments
Status: in_force

The mortgagee of any real estate or the mortgagee of any personal property has a lien upon any policy of insurance against loss by fire procured thereon by the mortgagor, to take effect from the time the mortgagee files with the insurer, at its home office, a written notice, briefly describing the mortgage, the estate conveyed thereby and the sum remaining unpaid thereon. If the mortgagor, by a writing by the mortgagor signed and filed with the secretary, consents that the whole of the sum secured by the policy, or so much as is required to discharge the amount due on the mortgage at the time when a loss occurs, will be applied to the payment of the mortgage, it must be so paid by the insurer, and the mortgagee's receipt therefor is a sufficient discharge of the insurer. [PL 2021, c. 676, Pt. A, §37 (AMD).]
24-A M.R.S. § 7059 — ME Code / Title 24-A / Chapter 90 / Section 7059
24-A §7059. Travel administrators
Status: in_force

1. License required. Notwithstanding any provision of this Title to the contrary, a person may not act or represent itself as a travel administrator for travel insurance in the State unless that person: A. Is a licensed property and casualty insurance producer in the State for activities permitted under that producer license; [PL 2021, c. 354, §16 (NEW).] B. Holds a valid managing general agent license in the State; or [PL 2021, c. 354, §16 (NEW).] C. Holds a valid 3rd-party administrator license in the State. [PL 2021, c. 354, §16 (NEW).] [PL 2021, c. 354, §16 (NEW).]

2. Exemption from adjuster license requirements. A travel administrator and its employees are exempt from the licensing requirements for adjusters in chapter 16 for travel insurance the travel administrator administers. [PL 2021, c. 354, §16 (NEW).]

3. Insurer responsible. An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, including any affiliate of the insurer acting as a travel administrator for the direct and assumed insurance business of the affiliated insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the superintendent upon request. [PL 2021, c. 354, §16 (NEW).]
24-A M.R.S. § 227 — ME Code / Title 24-A / Chapter 3 / Section 227
24-A §227. Examination report
Status: in_force

The report of examination of those persons, partnerships, corporations or other business associations that are subject to examination by the superintendent as provided for in sections 221 and 222 must, upon satisfaction of the requirements of section 226 and so long as no court of competent jurisdiction has stayed its publication, be filed in the bureau as a public record, except that any information relating to an individual insured or individual applicant for insurance is confidential. [PL 2011, c. 320, Pt. A, §5 (AMD).]
24-A M.R.S. § 2792 — ME Code / Title 24-A / Chapter 34-B / Section 2792
24-A §2792. Affordable health coverage for individuals, families and small businesses (CONTINGENT IMPLEMENTATION:  See Title 24-A, section 2792, subsection 5)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(CONTINGENT IMPLEMENTATION: See Title 24-A, section 2792, subsection 5)

1. Pooled market established. Subject to the requirements of subsection 5 , all individual and small group health plans offered in this State with effective dates of coverage on or after January 1, 2023 must be offered through a pooled market. A health insurance carrier offering an individual health plan subject to this section shall make the plan available to all eligible small employers within the plan's approved service area, and a health insurance carrier offering a small group health plan subject to this section shall make the plan available to all eligible individuals residing within the plan's approved service area. This subsection does not require the Maine Health Insurance Marketplace established in Title 22, chapter 1479 to offer identical choices of health plans to individuals and to small employers under Title 22, chapter 1479 . [PL 2021, c. 361, §1 (AMD).]

2. Premium rates. Premium rates for a health plan offered in the pooled market described in subsection 1 may not vary based on whether the plan is issued to an individual or to a small employer. Rate filings and review for the pooled market are subject to the provisions of sections 2736 to 2736‑C . For health plans that are issued on other than a calendar year basis, rates applicable on and after January 1st of any plan year must be the approved rates for the most similar plan offered during the new calendar year, adjusted by a factor, approved by the superintendent as part of the rating plan, that appropriately accounts for any differences in plan design. [PL 2019, c. 653, Pt. B, §2 (NEW).]

3. Harmonization of mandated benefit laws. In addition to the requirements of chapter 56‑A , a health plan subject to this section must comply with the applicable mandated benefit provisions in chapter 33 or the corresponding provisions of chapter 35 . A health maintenance organization or a nonprofit hospital and medical service organization may offer any health plan approved by the superintendent for sale in the pooled market established pursuant to this section, notwithstanding any provision of chapter 56 or Title 24 to the contrary. [PL 2019, c. 653, Pt. B, §2 (NEW).]

4. Conforming references. All references in this Title to the individual health insurance market, the small group health insurance market or any equivalent terminology refer to the pooled market established pursuant to this section. [PL 2019, c. 653, Pt. B, §2 (NEW).]

5. Preconditions for pooled market. This section may not be implemented unless routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A are adopted to implement this section and the Federal Government approves a state innovation waiver amendment that extends reinsurance under section 3953 to the pooled market established pursuant to this section based on projections by the superintendent that both average individual premium rates and average small group premium rates would be the same or lower than they would have been absent the provisions of this section and chapter 54‑A . If this section is not implemented, the superintendent shall conduct an analysis of alternative proposals to improve the stability and affordability of the small group market. [PL 2021, c. 361, §2 (AMD).]
24-A M.R.S. § 797 — ME Code / Title 24-A / Chapter 9 / Section 797
24-A §797. Authority to adopt rules
Status: in_force

The superintendent may adopt rules necessary to effectuate the purposes of this subchapter. Any rules so adopted do not affect a special purpose reinsurance vehicle insurance securitization in effect at the time of adoption. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 249, §2 (NEW).]
24-A M.R.S. § 2766 — ME Code / Title 24-A / Chapter 33 / Section 2766
24-A §2766. Enrollment of dependent children in dental coverage
Status: in_force

1. Offer of dependent coverage; enrollment period. All individual dental insurance policies and contracts that offer dependent coverage must offer the opportunity to enroll a dependent child in the dental insurance coverage at appropriate rates during the following periods: A. From birth to 30 days of age; and [PL 2009, c. 578, §2 (NEW); PL 2009, c. 578, §4 (AFF).] B. Any open or annual enrollment period. [PL 2009, c. 578, §2 (NEW); PL 2009, c. 578, §4 (AFF).] Revisor's Note: §2766. Coverage for children's early intervention services (As enacted by PL 2009, c. 634, §2; §5 is REALLOCATED TO TITLE 24-A, SECTION 2767) Revisor's Note: §2766. Coverage for the diagnosis and treatment of autism spectrum disorders (As enacted by PL 2009, c. 635, §2; §6 is REALLOCATED TO TITLE 24-A, SECTION 2768) [PL 2009, c. 578, §2 (NEW); PL 2009, c. 578, §4 (AFF).]
24-A M.R.S. § 3158 — ME Code / Title 24-A / Chapter 44 / Section 3158
24-A §3158. Insurance producer requirements
Status: in_force

1. Training. An insurance producer may not sell, solicit or negotiate a pet insurance product until after the producer is appropriately licensed and has completed the required training identified in subsection 2 . [PL 2021, c. 562, §1 (NEW).]

2. Requirements. An insurer shall ensure that any producer holding an appointment has been appropriately trained on the features of any pet insurance product offered by the producer. The training required under this subsection must include information on the following topics: A. Preexisting conditions and waiting periods; [PL 2021, c. 562, §1 (NEW).] B. The differences between pet insurance and noninsurance wellness programs; [PL 2021, c. 562, §1 (NEW).] C. Hereditary disorders, congenital anomalies or disorders and chronic conditions and how pet insurance policies interact with those conditions or disorders; and [PL 2021, c. 562, §1 (NEW).] D. Rating, underwriting, renewal and other related administrative topics. [PL 2021, c. 562, §1 (NEW).] [PL 2021, c. 562, §1 (NEW).]

3. License. Notwithstanding any provision of this Title to the contrary, a person licensed in any of the following lines of authority may sell, solicit and negotiate pet insurance: A. Property; [PL 2023, c. 225, §1 (NEW).] B. Accident and health or sickness; or [PL 2023, c. 225, §1 (NEW).] C. Personal lines. [PL 2023, c. 225, §1 (NEW).] [PL 2023, c. 225, §1 (NEW).]
24-A M.R.S. § 3366 — ME Code / Title 24-A / Chapter 47 / Section 3366
24-A §3366. Enforcement of contingent liability
Status: in_force

1. The insurer shall notify each member of the amount of assessment to be paid, and the date, not less than 20 days after mailing date, by which payment is to be made, by written notice mailed to the member at the member's address last of record with the insurer. Failure of the member to receive the notice so mailed, within the time specified therein for the payment of the assessment or at all, is not a defense in any action to collect the assessment. [RR 2021, c. 1, Pt. B, §270 (COR).]

2. If a member fails to pay the assessment within the period specified in the notice, the insurer may institute suit to collect the same. [PL 1969, c. 132, §1 (NEW).]
24-A M.R.S. § 784 — ME Code / Title 24-A / Chapter 9 / Section 784
24-A §784. Approved transactions and operation of special purpose reinsurance vehicles
Status: in_force

1. Contracts. Special purpose reinsurance vehicles authorized under this subchapter may enter into and effectuate special purpose reinsurance vehicle contracts with one or more ceding insurers as long as the contracts: A. Obligate the reinsurance vehicle to indemnify the ceding insurer for losses; [PL 2003, c. 249, §2 (NEW).] B. Are securitized in full through a single special purpose reinsurance vehicle insurance securitization or, if protected cells are used, through a single special purpose reinsurance vehicle insurance securitization for each protected cell; and [PL 2007, c. 386, §10 (AMD).] C. Are fully funded and secured with assets held in trust in accordance with the requirements of this section pursuant to agreements proposed under this subchapter, and invested in a manner that meets the criteria set forth in section 795 . [PL 2003, c. 249, §2 (NEW).] [PL 2007, c. 386, §10 (AMD).]

2. Eligible lines of business. A special purpose reinsurance vehicle contract may only provide catastrophe excess of loss property reinsurance coverage or catastrophe life or health reinsurance coverage, unless the superintendent adopts rules pursuant to section 797 specifying additional lines of business that may be reinsured by a special purpose reinsurance vehicle or approves a waiver of the requirement of this subsection for good cause shown with respect to a particular application. [PL 2007, c. 386, §11 (AMD).]

3. Multiple ceding insurers. A special purpose reinsurance vehicle may enter into contracts with multiple ceding insurers only if each contract is attributable to a different protected cell or if: A. The special purpose reinsurance vehicle reinsures no more than 10 ceding insurers; and [PL 2003, c. 249, §2 (NEW).] B. Each ceding insurer has no more than $50,000,000 in surplus as reported in its most recent financial statement filed with its domiciliary regulator, as of the date the special purpose reinsurance vehicle is licensed. A group of ceding insurers under common control may elect to be treated as separate insurers for purposes of this subsection, but only if each insurer in the group that is reinsured by the same special purpose reinsurance vehicle is counted separately for purposes of the 10-cedent limit. [PL 2003, c. 249, §2 (NEW).] [PL 2007, c. 386, §12 (AMD).]

4. Terms of operation. A special purpose reinsurance vehicle may enter into agreements with 3rd parties and conduct business necessary to fulfill its obligations and administrative duties incident to the insurance securitization and the special purpose reinsurance vehicle contract. The agreements may include entering into swap agreements or other transactions that have the objective of leveling timing differences in funding upfront or ongoing transaction expenses or managing credit or interest rate risk of the investments in trust to ensure that the assets held in trust are sufficient to satisfy payment or repayment of the securities issued pursuant to an insurance securitization transaction and any other obligations of the special purpose reinsurance vehicle. In fulfilling its function, the special purpose reinsurance vehicle shall adhere to the following requirements and shall, to the extent of its powers, ensure that contracts obligating other parties to perform certain functions incident to its operations are substantively and materially consistent with the following requirements and guidelines. A. A special purpose reinsurance vehicle must have a distinct name, which must include the designation "SPRV" or "Special Purpose Reinsurance Vehicle." The name of the reinsurance vehicle may not be deceptively similar to, or likely to be confused with or mistaken for, any other existing business name registered in this State. [PL 2003, c. 249, §2 (NEW).] B. Unless otherwise provided in the plan of operation, the principal place of business and office of any reinsurance vehicle organized under this subchapter must be located in this State. [PL 2003, c. 249, §2 (NEW).] C. The assets of a reinsurance vehicle must be preserved and administered by or on behalf of the reinsurance vehicle to satisfy the liabilities and obligations of the reinsurance vehicle incident to the insurance securitization and other related agreements including the contract. [PL 2003, c. 249, §2 (NEW).] D. Except as provided in paragraph D‑1 , assets of the reinsurance vehicle that are pledged to secure obligations of the reinsurance vehicle to a ceding insurer under a contract must be held in trust and administered by a qualified United States financial institution serving as trustee. The qualified United States financial institution may not control, be controlled by or be under common control with the reinsurance vehicle or any ceding insurer. [PL 2007, c. 386, §13 (AMD).] D-1. If approved by the superintendent, the reinsurance vehicle and the ceding insurer may enter into a written agreement, in compliance with the ceding insurer's applicable domiciliary credit for reinsurance laws, under which the assets pledged as security, in lieu of being held in trust, are held in the United States subject to withdrawal solely by the ceding insurer and under its exclusive control. The security agreement may not be approved unless the superintendent determines that the agreement is consistent with the purposes of this subsection, that the ceding insurer has unconditional access to the funds necessary to fulfill the reinsurance vehicle's obligations to the ceding insurer and that the assets withheld under the control of the ceding insurer are never less than the amount that would otherwise be required to be held in trust. [PL 2007, c. 386, §13 (NEW).] E. The trust described in paragraph D must be governed by a written agreement between the reinsurance vehicle and the ceding insurer that creates one or more trust accounts into which all pledged assets must be deposited and held until distributed in accordance with the trust agreement. The pledged assets must be held by the trustee at the trustee's office in the United States and may be held in certificated or electronic form. [PL 2007, c. 386, §13 (AMD).] F. The provisions for withdrawal by the ceding insurer of funds from the trust must comply with the ceding insurer's applicable domiciliary credit for reinsurance laws and be clean and unconditional, subject only to the following requirements: (1) The ceding insurer has the right to withdraw assets from the trust account at any time without notice to the reinsurance vehicle subject only to written notice to the trustee from the ceding insurer that funds in the amount requested are due and payable by the reinsurance vehicle; (2) No other statement or document need be presented in order to withdraw assets, except that the ceding insurer may be required to acknowledge receipt of withdrawn assets; (3) The trust agreement described in paragraph E must indicate that it is not subject to any conditions or qualifications outside of the trust agreement; (4) The trust agreement described in paragraph E may not contain references to any other agreements or documents; and (5) Reference may not be made to the fact that these funds may represent reinsurance premiums or that the funds have been deposited for any specific purpose. [PL 2007, c. 386, §13 (AMD).] G. The trust agreement described in paragraph E must be established for the sole use and benefit of the ceding insurer at least to the full extent of the reinsurance vehicle's obligations to the ceding insurer under the contract. In the case of more than one ceding insurer or more than one reinsurance contract with the same ceding insurer, a separate trust agreement must be entered into with each ceding insurer and a separate trust account must be maintained for each ceding insurer. [PL 2007, c. 386, §13 (AMD).] H. The trust agreement described in paragraph E must provide for the trustee to: (1) Receive assets and hold all assets in a safe place; (2) Determine that all assets are in a form that the ceding insurer or the trustee, upon direction by the ceding insurer, may whenever necessary negotiate the assets, without consent or signature from the reinsurance vehicle or any other person or entity; (3) Furnish to the reinsurance vehicle, the superintendent and the ceding insurer a statement of all assets in the trust account referred to in paragraph E reported at fair value upon its inception and at intervals no less frequent than the end of each calendar quarter; (4) Notify the reinsurance vehicle and the ceding insurer within 10 days of any deposits to or withdrawals from the trust account referred to in paragraph E ; (5) Upon written demand of the ceding insurer, immediately take steps necessary to transfer absolutely all right, title and interest in the assets held in the trust account referred to in paragraph E to the ceding insurer and deliver physical custody of the assets to the ceding insurer; and (6) Allow no substitutions or withdrawals of assets from the trust account referred to in paragraph E except on written instructions from the ceding insurer. [PL 2003, c. 249, §2 (NEW).] I. The trust agreement described in paragraph E must provide that at least 30 days but not more than 45 days before termination of the trust account written notification of termination must be delivered by the trustee to the ceding insurer. [PL 2007, c. 386, §13 (AMD).] J. The trust agreement described in paragraph E may be made subject to and governed by the laws of any state in addition to the requirements for the trust as provided in this subchapter as long as the state is disclosed in the plan of operation filed with and approved by the superintendent. [PL 2003, c. 249, §2 (NEW).] K. The trust agreement described in paragraph E must prohibit invasion of the trust account referred to in paragraph E for the purpose of paying compensation to or reimbursing the expenses of the trustee. [PL 2003, c. 249, §2 (NEW).] L. The trust agreement described in paragraph E must provide that the trustee be liable for the trustee's own negligence, willful misconduct or lack of good faith. (1) Notwithstanding the provisions of paragraph F , subparagraphs (3) to (5) and paragraph M , subparagraph (5), when a trust agreement described in paragraph E is established in conjunction with a contract, then the trust agreement may provide that the ceding insurer shall undertake to use and apply any amounts drawn upon the trust account without diminution because of the insolvency of the ceding insurer or the reinsurance vehicle for the following purposes: (a) To pay or reimburse the ceding insurer amounts due to the ceding insurer under the contract, including, but not limited to, unearned premiums due to the ceding insurer if not otherwise paid by the reinsurance vehicle in accordance with the terms of that trust agreement; or (b) When the ceding insurer has received notification of termination of the trust account referred to in paragraph E and when some or all of the reinsurance vehicle's obligations under the specific contract remain unliquidated and undischarged 10 days before the termination date, to withdraw amounts equal to the undischarged obligations and deposit the amounts in a separate account in the name of the ceding insurer in any qualified United States financial institution apart from its general assets in trust for the sole purpose of discharging any contractual obligations of the reinsurance vehicle that may remain executory after the withdrawal and for any period after the termination date. Assets so held must revert to the reinsurance vehicle when they are no longer necessary to secure the obligations of the reinsurance vehicle and may not exceed the sum of the following amounts as determined in good faith by the ceding insurer: (i) Losses and loss expenses paid by the ceding insurer but not recovered from the reinsurance vehicle; (ii) Reserves for losses reported and outstanding; (iii) Reserves for losses incurred but not reported; (iv) Reserves for loss expenses; (v) Reserves for unearned premiums; and (vi) Any additional amount necessary to maintain full funding of the aggregate limit remaining under the contract if the period of coverage or the agreed-upon period of loss development has yet to expire. (2) The provisions to be included in the trust agreement described in paragraph E pursuant to this paragraph may instead be included in the underlying contract. [PL 2003, c. 249, §2 (NEW).] M. A special purpose reinsurance vehicle contract must contain provisions that: (1) Require the reinsurance vehicle to : (a) Enter into a trust agreement described in paragraph E and establish a trust account referred to in paragraph E for the benefit of the ceding insurer; or (b) Enter into a security agreement described in paragraph D‑1 . The trust agreement or security agreement must specify what recoverables or reserves or both the agreement is to cover; (2) Stipulate that assets pledged as security be valued according to their current fair value for purposes of the contract and may consist only of permitted investments; (3) If applicable, require the reinsurance vehicle, before depositing assets with the trustee, to execute assignments or endorsements in blank or to transfer legal title to the trustee of all shares, obligations or any other assets requiring assignments in order that the ceding insurer or the trustee upon the direction of the ceding insurer may whenever necessary negotiate any such assets without consent or signature from the reinsurance vehicle or any other entity; (4) Require that all settlements of account between the ceding insurer and the reinsurance vehicle be made in cash or its equivalent; and (5) Stipulate that the reinsurance vehicle and the ceding insurer agree that the assets in any trust account referred to in paragraph E and established pursuant to the provisions of the contract may be withdrawn by the ceding insurer at any time notwithstanding any other provisions in the contract and must be used and applied by the ceding insurer or any successor by operation of law of the ceding insurer, including, but not limited to, and subject to the provisions of section 793 , any liquidator, rehabilitator, receiver or conservator of the ceding insurer, without diminution because of insolvency on the part of the ceding insurer or the reinsurance vehicle, only for the following purposes: (a) To transfer all such assets into one or more trust accounts pursuant to paragraph L for the benefit of the ceding insurer pursuant to the terms of the contract and in compliance with this subchapter; and (b) To pay any other amounts that the ceding insurer claims are due under the contract. [PL 2007, c. 386, §13 (AMD).] N. The contract entered into by the reinsurance vehicle may contain provisions that give the reinsurance vehicle the right to seek approval from the ceding insurer to withdraw from the trust account referred to in paragraph E all or part of the assets contained in the trust account and to transfer the assets to the reinsurance vehicle as long as: (1) The reinsurance vehicle shall at the time of the withdrawal replace the withdrawn assets with other qualified assets having a fair value equal to the fair value of the assets withdrawn and that meet the requirements of section 795 ; and (2) After the withdrawals and transfer, the fair value of the assets in the trust account referred to in paragraph E securing the obligations of the reinsurance vehicle under the contract is no less than an amount needed to satisfy the full funding requirement of the contract. The ceding insurer has the sole discretion to determine whether these provisions have been satisfied but may not unreasonably nor arbitrarily withhold its approval. [PL 2003, c. 249, §2 (NEW).] O. The contract must provide that investors in the reinsurance vehicle agree that any obligation to repay principal, interest or dividends on the securities issued by the reinsurance vehicle must be reduced upon the occurrence of a triggering event, to the extent that the assets of the reinsurance vehicle held in trust for the benefit of the ceding insurer are remitted to the ceding insurer in fulfillment of the obligations of the reinsurance vehicle under the contract. [PL 2003, c. 249, §2 (NEW).] P. Assets held by a reinsurance vehicle in trust must be valued at their fair value. [PL 2003, c. 249, §2 (NEW).] Q. The proceeds from the sale of securities by the reinsurance vehicle to investors must be deposited with the trustee or under the control of the ceding insurer as described in this subchapter and must be held or invested in accordance with the requirements of section 795 . [PL 2007, c. 386, §13 (AMD).] R. A reinsurance vehicle organized under this subchapter may engage only in fully funded contracts to support in full the ceding insurer's exposures assumed by the reinsurance vehicle. A contract must be indemnity-triggered unless the superintendent adopts rules pursuant to section 797 authorizing nonindemnity-triggered contracts and addressing the treatment of the portion of the risk that is nonindemnity-based, including accounting, disclosure, risk-based capital treatment and the manner in which risks associated with a nonindemnity-based contract may be evaluated and managed. Assets of the reinsurance vehicle may be used to pay interest or other consideration on any outstanding debt or other obligation of the reinsurance vehicle and nothing in this paragraph may be construed or interpreted to prevent a reinsurance vehicle from entering into a swap agreement or other transaction that has the effect of guaranteeing interest or other consideration. [PL 2003, c. 249, §2 (NEW).] S. In the special purpose reinsurance vehicle insurance securitization, the contracts or other relating documentation must contain provisions identifying the reinsurance vehicle that enters into the reinsurance securitization and the contracts or other documentation must clearly disclose that the assets of the reinsurance vehicle and only those assets are available to pay the obligations of that reinsurance vehicle. Notwithstanding this paragraph, and subject to the provisions of this subchapter and any other applicable law, the failure to include such language in the contracts or other documentation may not be used as the sole basis by creditors, reinsurers or other claimants to circumvent the provisions of this subchapter. [PL 2003, c. 249, §2 (NEW).] T. A reinsurance vehicle is not authorized to: (1) Issue or otherwise administer primary insurance policies; (2) Have any obligation to the policyholders or reinsureds of the ceding insurer; (3) Enter into a contract with a person that is not licensed or otherwise authorized to conduct the business of insurance or reinsurance in at least its state or country of domicile; or (4) Assume or retain exposure to insurance or reinsurance losses for its own account that is not initially fully funded by proceeds from an insurance securitization that meets the requirements of this subchapter. [PL 2003, c. 249, §2 (NEW).] U. At the cessation of business of a reinsurance vehicle, the limited certificate of authority granted by the superintendent under section 782 expires and the reinsurance vehicle may no longer be authorized to conduct activities pursuant to this subchapter until a new certificate of authority is issued pursuant to a new filing in accordance with section 782 . The completion of a reinsurance vehicle's securitization activities does not constitute the cessation of business for purposes of this paragraph if the reinsurance vehicle's approved business plan contemplates additional securitizations. [PL 2007, c. 386, §13 (AMD).] V. It is unlawful for a reinsurance vehicle to lend or otherwise invest or place in custody, trust or under management any of its assets with or to borrow money or receive a loan or advance from, other than by issuance of the securities pursuant to an insurance securitization, from anyone convicted of a felony, anyone who is untrustworthy or of known bad character or anyone convicted of a criminal offense involving the conversion or misappropriation of fiduciary funds or insurance accounts, theft, deceit, fraud, misrepresentation or corruption. [PL 2003, c. 249, §2 (NEW).] W. A special purpose reinsurance vehicle may purchase reinsurance with the approval of the superintendent to retrocede risks assumed through a special purpose reinsurance vehicle contract. Reinsurance purchased by the reinsurance vehicle does not reduce the aggregate limit of the reinsurance vehicle or the covered protected cell and may only be credited toward the funding requirements of the reinsurance vehicle or the covered protected cell to the extent that the ceding insurer has a direct right of recovery against the retrocessionaire that is secured by assets deposited with the trustee or under the control of the ceding insurer in accordance with this section and held or invested in accordance with the requirements of section 795 . [PL 2007, c. 386, §13 (NEW).] [PL 2007, c. 386, §13 (AMD).]
24-A M.R.S. § 2438 — ME Code / Title 24-A / Chapter 27 / Section 2438
24-A §2438. Short title
Status: in_force

This section and sections 2439 to 2445 shall be known as the "Insurance Policy Language Simplification Act." [PL 1979, c. 267, §2 (NEW).]
24-A M.R.S. § 4373 — ME Code / Title 24-A / Chapter 57 / Section 4373
24-A §4373. Escrowing on pledge of assets
Status: in_force

For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter, the superintendent may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or other evidences of indebtedness therefor and secure the repayment of the same by the mortgage, pledge, assignment, transfer in trust, or hypothecation of any or all of the property, whether real, personal or mixed, of such insurer, and the superintendent subject to the approval of the court has power to take any and all other action necessary and proper to consummate any such loan and to provide for the repayment thereof. The superintendent is under no obligation personally or in the superintendent's official capacity to repay any loan made pursuant to this section. [RR 2021, c. 1, Pt. B, §369 (COR).]
24-A M.R.S. § 403 — ME Code / Title 24-A / Chapter 5 / Section 403
24-A §403. "Charter" defined
Status: in_force

Except where context requires otherwise, "charter" means certificate of organization, certificate of incorporation, articles of incorporation, articles of agreement, articles of association, corporate charter granted by legislative act, or other basic constituent document of a corporation, or of a Lloyd's insurer, or the power of attorney of the attorney-in-fact of a reciprocal insurer. [PL 1969, c. 177, §6 (AMD).]
24-A M.R.S. § 2670 — ME Code / Title 24-A / Chapter 32 / Section 2670
24-A §2670. Short title
Status: in_force

This chapter may be cited as the "Preferred Provider Arrangement Act." [PL 1999, c. 609, §4 (AMD).]
24-A M.R.S. § 958-A — ME Code / Title 24-A / Chapter 11 / Section 958-A
24-A §958-A. Interest rates extended
Status: in_force

Notwithstanding section 958 , the changes in the interest rates for life insurance specified in this subchapter and in sections 2528 to 2534 , which were made by the Amendatory Acts of 1979, shall continue to apply to life insurance policies issued on or after January 1, 1980 and prior to the operative date of the Standard Nonforfeiture Law for Life Insurance, section 2532‑A . [PL 1983, c. 346, §9 (NEW).]
24-A M.R.S. § 4124 — ME Code / Title 24-A / Chapter 55 / Section 4124
24-A §4124. Licenses
Status: in_force

A license must be issued to each fraternal benefit society that qualifies under this chapter. The license continues in full force and effect until suspended or revoked by the superintendent. Upon issuance of the license and annually thereafter the society shall pay the superintendent a fee that is the same as for an insurer as provided in section 601 . A duly certified copy or duplicate of such license is prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter. On or before July 1st of each year, the superintendent shall forward to each fraternal benefit society an itemized bill of the amount due for the filing of the annual statement and the amount due for the certificate of authority annual fee. [PL 1997, c. 592, §68 (AMD).]
24-A M.R.S. § 6614 — ME Code / Title 24-A / Chapter 81 / Section 6614
24-A §6614. Violations
Status: in_force

In addition to any other penalties provided for by this Title and subject to this chapter: [PL 1993, c. 688, §1 (NEW).]

1. Civil penalty. An arrangement that fails to obtain and maintain a valid approval from the superintendent while operating or maintaining a multiple-employer welfare arrangement is subject to a civil penalty of not less than $5,000 or more than $50,000 for each violation; and [PL 1993, c. 688, §1 (NEW).]

2. Cease and desist order. The superintendent may issue a cease and desist order if the superintendent finds a person operating or maintaining a multiple-employer welfare arrangement without a currently effective certificate of approval. [PL 1993, c. 688, §1 (NEW).]
24-A M.R.S. § 2769 — ME Code / Title 24-A / Chapter 33 / Section 2769
24-A §2769. Prescription synchronization
Status: in_force

1. Synchronization. If a health plan provides coverage for prescription drugs, a carrier: A. Shall permit and apply a prorated daily cost-sharing rate to a prescription that is dispensed by a pharmacist in the carrier's network for less than a 30-day supply if the prescriber or pharmacist determines that filling or refilling the prescription for less than a 30-day supply is in the best interest of the patient and the patient requests or agrees to less than a 30-day supply in order to synchronize the refilling of that prescription with the patient's other prescriptions; [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).] B. May not deny coverage for the dispensing of a medication prescribed for the treatment of a chronic illness that is made in accordance with a plan developed by the carrier, the insured, the prescriber and a pharmacist to synchronize the filling or refilling of multiple prescriptions for the insured. The carrier shall allow a pharmacy to override any denial codes indicating that a prescription is being refilled too soon in order to synchronize the patient's prescriptions; and [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).] C. May not use payment structures incorporating prorated dispensing fees. Dispensing fees for partially filled or refilled prescriptions must be paid in full for each prescription dispensed, regardless of any prorated copay for the insured or fee paid for alignment services. [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).] [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).]

2. Application; exclusion. The requirements of this section do not apply to a prescription for: A. Solid oral doses of antibiotics; or [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).] B. Solid oral doses that are dispensed in their original container as indicated in the federal Food and Drug Administration Prescribing Information or are customarily dispensed in their original packaging to assist a patient with compliance. [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).] [PL 2015, c. 93, §1 (NEW); PL 2015, c. 93, §2 (AFF).]
24-A M.R.S. § 764 — ME Code / Title 24-A / Chapter 9 / Section 764
24-A §764. Rights of policyholder
Status: in_force

1. Right to reject. Every policyholder has the right to reject the transfer and novation of the contracts of insurance. A policyholder electing to reject the assumption transaction shall return to the transferring insurer the preaddressed, postage-paid response card or other written notice and indicate on the response card that the assumption is rejected. [PL 1993, c. 603 (NEW).]

2. Payment of premium. Payment of the next premium to the assuming company after notice is received is determined to indicate the policyholder's acceptance of the transfer to the assuming insurer and a novation is determined to have been effected if the premium notice clearly states that payment of the premium to the assuming insurer constitutes acceptance of the transfer. The premium notice must also provide a method for the policyholder to pay the premium while reserving the right to reject the transfer. With respect to a home service business or any other business not using premium notices, the disclosures and procedural requirements of this subsection are to be set forth in the notice of transfer required by section 763, subsection 1, paragraph A and in the assumption certificate. [PL 1995, c. 329, §6 (AMD).]

3. Additional notice. No fewer than 24 months after the mailing of the initial notice of transfer required under section 763 , if positive consent to the transfer and assumption has not been received or consent has not been determined to have occurred under subsection 1 , the transferring company shall send to the policyholder a 2nd and final notice of transfer as specified in section 763, subsection 1 . If the policyholder does not reject the transfer during the one-month period immediately following the date on which the transferring insurer mailed the 2nd and final notice of transfer, the policyholder's consent is determined to have occurred and novation of the contract is effected. With respect to the home service business, the 24 and one-month periods must be measured from the date of delivery of the notice of transfer pursuant to section 763, subsection 1, paragraph A . [PL 1993, c. 603 (NEW).]

4. Response cards. The transferring insurer is deemed to have received the response card on the date it is postmarked. A policyholder may also send a response card by facsimile or other electronic transmission or by registered mail, express delivery or courier service, in which case the response card is determined to have been received by the assuming insurer on the date of actual receipt by the transferring insurer. [PL 1993, c. 603 (NEW).]
24-A M.R.S. § 2935 — ME Code / Title 24-A / Chapter 40 / Section 2935
24-A §2935. Compulsory participation prohibited
Status: in_force

An insurer may not sell insurance pursuant to a mass marketing plan, if it is a condition of employment or of membership in an association, organization or other group that any employee or member purchase insurance pursuant to such plan, or if any employee or member is subject to any penalty by reason of the employee's or member's nonparticipation. [RR 2021, c. 1, Pt. B, §258 (COR).]
24-A M.R.S. § 2019 — ME Code / Title 24-A / Chapter 19 / Section 2019
24-A §2019. Legal process against surplus line insurer
Status: in_force

1. A suit in this State against a nonadmitted insurer, upon any cause of action arising in the State under any contract issued by it as a surplus lines contract pursuant to this law, must be brought in the Superior Court. [PL 2025, c. 348, §26 (AMD).]

2. Before the surplus lines insurer may do business in this State, each insurer shall appoint an agent to receive service of legal process issued against it in this State. The insurer shall file with the superintendent a copy of the appointment. The notice to the superintendent must be accompanied by a copy of a resolution of the board of directors or like governing body of the insurer, if an incorporated insurer, showing that those officers who executed the appointment were duly authorized to do so on behalf of the insurer. Service of legal process against the insurer may be made in any such action by service of 2 copies upon the designated agent. If no agent is designated, service of legal process against the insurer may be made by mailing a copy of the process to the producer through whom such insurance was procured, or to the insurer at its principal place of business, addressed to the address of the producer or insurer, as the case may be, last of record with the superintendent. Upon service of process in accordance with this provision, the court is deemed to have jurisdiction in personam of the insurer. [PL 1997, c. 592, §64 (AMD).]

3. A nonadmitted insurer issuing a policy subject to this chapter is deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy must contain a provision stating the substance of this section, and designating the person to whom process must be served as provided in subsection 2 . [PL 2025, c. 348, §27 (AMD).]
24-A M.R.S. § 1912 — ME Code / Title 24-A / Chapter 18 / Section 1912
24-A §1912. Standardized claim forms
Status: in_force

All administrators who administer claims and who provide payment or reimbursement for diagnosis or treatment of a condition or a complaint by a licensed health care practitioner must accept the current standardized claim form for professional services approved by the Federal Government and submitted electronically. All administrators who administer claims and who provide payment or reimbursement for diagnosis or treatment of a condition or a complaint by a licensed hospital must accept the current standardized claim form for professional or facility services, as applicable, approved by the Federal Government and submitted electronically, and any claims for facility services must identify the physical location, including hospital off-campus locations, where services are provided. An administrator may not be required to accept a claim submitted on a form other than the applicable form specified in this section and may not be required to accept a claim that is not submitted electronically, except from a health care practitioner who is exempt pursuant to Title 24, section 2985 . All services provided by a health care practitioner in an office setting must be submitted on the standardized federal form used by noninstitutional providers and suppliers. Services in a nonoffice setting may be billed as negotiated between the administrator and health care practitioner. For purposes of this section, "office setting" means a location where the health care practitioner routinely provides health examinations, diagnosis and treatment of illness or injury on an ambulatory basis whether or not the office is physically located within a facility. [PL 2023, c. 521, §2 (AMD).]
24-A M.R.S. § 2747 — ME Code / Title 24-A / Chapter 33 / Section 2747
24-A §2747. Review and arbitration
Status: in_force

1. Any insurer denying medical expense reimbursement benefits on any of the grounds specified in subsection 2 for a claim filed pursuant to a policy issued under this chapter, other than a policy that is subject to section 4312 , shall provide the policy or certificate holder with an opportunity to have the denial reviewed by the insurer and to arbitrate the denial if not satisfied after review. The right to review and arbitrate must be prominently set forth in any written notice sent to the policy or certificate holder denying the claim. The arbitration is nonbinding and must be carried out in accordance with procedures established by the insurer. [PL 2003, c. 428, Pt. H, §4 (AMD).]

2. The procedure specified in subsection 1 shall apply to the denial of any medical expense reimbursement benefits based upon: A. A health condition existing prior to the effective coverage of the policy or certificate; or [PL 1981, c. 205, §2 (NEW).] B. The lack of medical necessity. [PL 1981, c. 205, §2 (NEW).] [PL 1981, c. 205, §2 (NEW).]
24-A M.R.S. § 6702 — ME Code / Title 24-A / Chapter 83 / Section 6702
24-A §6702. Licensing; authority
Status: in_force

1. Authority. A captive insurance company may not engage in the business of insurance in this State unless the company: A. Obtains a license from the superintendent authorizing the company to do insurance business in this State; [PL 1997, c. 435, §1 (NEW).] B. Holds at least one meeting of its board of directors, or other governing body, each year in this State. For pure captive insurance companies and pure nonprofit captive insurance companies, the annual in-state meeting requirement may be satisfied by a teleconferenced or videoconferenced meeting if at least one Maine resident member of the board of directors, or other governing body, participates in the meeting from this State; [PL 1997, c. 583, §1 (AMD).] C. Maintains its principal place of business in this State; and [PL 1997, c. 435, §1 (NEW).] D. Appoints a resident agent to accept service of process and to otherwise act on its behalf in this State. [PL 1997, c. 435, §1 (NEW).] [PL 1997, c. 583, §1 (AMD).]

2. Charter and bylaws. In order to receive a license, a captive insurance company must file with the superintendent a certified copy of its charter and bylaws, a statement under oath of its president and secretary showing its financial condition and any other statements or documents required by the superintendent. [PL 1997, c. 435, §1 (NEW).]

3. Information required. In addition to the information required by subsection 2 , an applicant captive insurance company must file with the superintendent evidence of the following: A. The amount and liquidity of its assets relative to the risks to be assumed; [PL 1997, c. 435, §1 (NEW).] B. The adequacy of the expertise, experience and character of the person or persons who will manage it; [PL 1997, c. 435, §1 (NEW).] C. A plan of operation satisfactory to the superintendent, with supporting information demonstrating the overall soundness of its plan of operation; [PL 2017, c. 169, Pt. G, §3 (AMD).] D. The adequacy of the loss prevention programs of its parent or member organizations, as applicable; [PL 1997, c. 435, §1 (NEW).] E. The character, reputation, financial standing and purposes of the incorporators; [PL 1997, c. 435, §1 (NEW).] F. The character, reputation, financial responsibility, insurance experience and business qualifications of the officers and directors; and [PL 1997, c. 435, §1 (NEW).] G. Any other factors determined relevant by the superintendent in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations. [PL 1997, c. 435, §1 (NEW).] [PL 2017, c. 169, Pt. G, §3 (AMD).]

4. License. If the superintendent is satisfied that the documents and statements filed by the captive insurance company under subsections 2 and 3 comply with this chapter, the superintendent may grant a license authorizing it to do insurance business in accordance with this subsection. A. A captive insurance company shall comply with all applicable federal laws. A captive insurance company, other than an association captive insurance company preliminarily conditionally approved for a license before January 1, 2012 and that elects to secure coverage in accordance with section 6706, subsection 2‑A , shall comply with state and federal laws relating to the risks insured pursuant to the license granted by the superintendent to the extent provided in rules adopted pursuant to this chapter. [PL 2011, c. 90, Pt. I, §1 (NEW).] B. An association captive insurance company insuring the health coverage risks of its members shall comply with the requirements for community rating and guaranteed issuance and renewal for association members pursuant to section 2808‑B and any requirements for mandated benefits that apply to small group health plans. [PL 2011, c. 90, Pt. I, §1 (NEW).] C. The superintendent shall grant a license to an association captive insurance company that files an application in accordance with this section and satisfies the following requirements: (1) The association captive insurance company insures only health risks and requires participating association members to be jointly and severally liable in accordance with section 6706, subsection 2‑A ; (2) The association captive insurance company’s plan of operation is fiscally sound and establishes dispute resolution mechanisms acceptable to the superintendent in accordance with this section and designates a 3rd-party administrator approved by the superintendent; and (3) The superintendent determines that the association members have an aggregate net worth of at least $100,000,000. [PL 2011, c. 90, Pt. I, §1 (NEW).] [PL 2011, c. 90, Pt. I, §1 (AMD).]

5. Fees. A captive insurance company shall pay filing, issuance, annual continuation and reinstatement fees as provided for domestic insurers pursuant to section 601, subsection 1 . [PL 1997, c. 435, §1 (NEW).]

6. Activities. [PL 2009, c. 335, §9 (RP).]

7. Permitted activities. A captive insurance company, when permitted by its articles of association or charter, may apply to the superintendent for a license to provide any insurance described in this Title, including annuities, except that: A. A pure captive insurance company may not insure or reinsure any risks other than those of its parent and affiliated companies or controlled unaffiliated businesses; [PL 2009, c. 335, §9 (AMD).] B. An association captive insurance company may not insure or reinsure any risks other than those of the member organizations of its association and their affiliated companies; [PL 2009, c. 335, §9 (AMD).] C. An industrial insured captive insurance company may not insure or reinsure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies; [PL 2009, c. 335, §9 (AMD).] D. A captive insurance company may not provide personal motor vehicle or homeowner's insurance coverage or individual health insurance coverage or any component thereof; [PL 2011, c. 90, Pt. I, §2 (AMD).] E. A captive insurance company may not accept or cede reinsurance except as provided in section 6711 ; and [PL 2009, c. 335, §9 (AMD).] F. A captive insurance company may not provide workers' compensation insurance except for reinsurance of workers' compensation risk as permitted in section 6711 . [PL 2009, c. 335, §9 (NEW).] [PL 2011, c. 90, Pt. I, §2 (AMD).]

8. Certificate of good standing. Prior to its organization or incorporation with the Secretary of State, the organizers or incorporators of a captive insurance company shall petition the superintendent to issue a certificate stating the superintendent's finding that the establishment and continued existence of the proposed captive insurance company, however organized, will promote the general good of the State. In making such a finding, the superintendent shall consider: A. The character, reputation, financial standing and purpose of the organizers or incorporators; [PL 2009, c. 335, §9 (NEW).] B. The character, reputation, financial responsibility, insurance experience and business qualifications of the officers and directors of the proposed captive insurance company; and [PL 2009, c. 335, §9 (NEW).] C. Any other relevant information determined by the superintendent. [PL 2009, c. 335, §9 (NEW).] Any certificate issued by the superintendent pursuant to this subsection must be filed with the Secretary of State to be recorded with the articles of incorporation of the captive insurance company. [PL 2009, c. 335, §9 (NEW).]
24-A M.R.S. § 4225 — ME Code / Title 24-A / Chapter 56 / Section 4225
24-A §4225. Commissioner of Health and Human Services' authority to contract
Status: in_force

The Commissioner of Health and Human Services, in carrying out the commissioner's obligations under section 4204, subsection 1, paragraph B ; section 4215 ; and section 4216, subsection 1 , may contract with qualified persons to make recommendations concerning the determinations required to be made by the commissioner. Such recommendations may be accepted in full or in part by the commissioner. [RR 2021, c. 2, Pt. A, §79 (COR).]
24-A M.R.S. § 2842 — ME Code / Title 24-A / Chapter 35 / Section 2842
24-A §2842. Equitable health care for substance use disorder treatment
Status: in_force

1. Purpose. The Legislature recognizes that substance use disorder constitutes a major health problem in the State and in the Nation. The Legislature further recognizes that substance use disorder is a disease that can be effectively treated. As such, substance use disorder warrants the same attention from the health care industry as other serious diseases and illnesses. The Legislature further recognizes that health insurance contracts, at times, fail to provide adequate benefits for the treatment of substance use disorder, which results in more costly health care for treatment of complications caused by the lack of early intervention and other treatment services for persons suffering from substance use disorder. This situation causes a higher health care, social, law enforcement and economic cost to the citizens of this State than is necessary, including the need for the State to provide treatment to some insureds at public expense. To assist the many citizens of this State who suffer from this illness in a more cost-effective way, the Legislature declares that certain health insurance coverage providing benefits for the treatment of the illness of substance use disorder must be included in all group health insurance contracts. [PL 2017, c. 407, Pt. A, §95 (AMD).]

2. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Outpatient care" means care rendered by a state-licensed, approved or certified detoxification, residential treatment or outpatient program, or partial hospitalization program on a periodic basis, including, but not limited to, patient diagnosis, assessment and treatment, individual, family and group counseling and educational and support services. [PL 1983, c. 527, §2 (NEW).] B. "Residential treatment" means services at a facility that provides care 24 hours daily to one or more patients, including, but not limited to, the following services: room and board; medical, nursing and dietary services; patient diagnosis, assessment and treatment; individual, family and group counseling; and educational and support services, including a designated unit of a licensed health care facility providing any and all other services specified in this paragraph to patients with substance use disorder. [PL 2017, c. 407, Pt. A, §95 (AMD).] C. "Treatment plan" means a written plan initiated at the time of admission, approved by a Doctor of Medicine, a Doctor of Osteopathy or a Registered Substance Abuse Counselor employed by a certified or licensed substance use disorder program, including, but not limited to, the patient's medical and substance use disorder history; record of physical examination; diagnosis; assessment of physical capabilities; mental capacity; orders for medication, diet and special needs for the patient's health or safety and treatment, including medical, psychiatric, psychological, social services, individual, family and group counseling; and educational, support and referral services. [RR 2017, c. 2, §9 (COR).] [RR 2017, c. 2, §9 (COR).]

3. Requirement. Every insurer that issues group health care contracts providing coverage for hospital care to residents of this State shall provide benefits as required in this section to any subscriber or other person covered under those contracts for the treatment of substance use disorder pursuant to a treatment plan. [PL 2017, c. 407, Pt. A, §95 (AMD).]

4. Services; providers. Each group contract must provide, at a minimum, for the following coverage, pursuant to a treatment plan: A. Residential treatment at a hospital or free-standing residential treatment center that is licensed, certified or approved by the State; and [PL 2017, c. 407, Pt. A, §95 (AMD).] B. Outpatient care rendered by state licensed, certified or approved providers. [PL 1983, c. 527, §2 (NEW).] Treatment or confinement at any facility may not preclude further or additional treatment at any other eligible facility, provided that the benefit days used do not exceed the total number of benefit days provided for under the contract. [PL 2017, c. 407, Pt. A, §95 (AMD).]

5. Exceptions. This section does not apply to employee group insurance policies issued to employers with 20 or fewer employees insured under the group policy or to group policies designed primarily to supplement the Civilian Health and Medical Program of the Uniformed Services, as described in the United States Code, Title 10, Section 1072, subsection 4. [PL 2017, c. 407, Pt. A, §95 (AMD).]

6. Limits; coinsurance; deductibles. Any policy or contract that provides coverage for the services required by this section may contain provisions for maximum benefits and coinsurance, and reasonable limitations, deductibles and exclusions to the extent that these provisions are not inconsistent with the requirements of this section. [PL 2017, c. 407, Pt. A, §95 (AMD).]

7. Notice. At the time of delivery or renewal, the group health insurer shall provide written notification to all individuals eligible for benefits under group policies or contracts of substance use disorder benefits. [PL 2017, c. 407, Pt. A, §95 (AMD).]

8. Confidentiality. Substance use disorder treatment patient records are confidential. [PL 2017, c. 407, Pt. A, §95 (AMD).]

9. Reports to the Superintendent of Insurance. Every insurer subject to this section shall report its experience for each calendar year beginning with 1984 to the superintendent not later than April 30th of the following year. The report must be in a form prescribed by the superintendent and must include the amount of claims paid in this State for the services required by this section and the total amount of claims paid in this State for group health care contracts, both separated between those paid for inpatient and outpatient services. The superintendent shall compile this data for all insurers in an annual report. [PL 2017, c. 407, Pt. A, §95 (AMD).]

10. Application; expiration. The requirements of this section apply to all policies and any certificates or contracts executed, delivered, issued for delivery, continued or renewed in this State on or after January 1, 1984. For purposes of this section, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date. [PL 2017, c. 407, Pt. A, §95 (AMD).]
24-A M.R.S. § 1954 — ME Code / Title 24-A / Chapter 18-A / Section 1954
24-A §1954. Duties
Status: in_force

An alliance shall: [PL 1995, c. 673, Pt. A, §3 (NEW).]

1. Carrier eligibility. Develop and make available a list of objective criteria, subject to rules adopted by the superintendent, that participating carriers must meet in order to be eligible to participate in the alliance; [PL 1995, c. 673, Pt. A, §3 (NEW).]

2. Enrollee choice. Ensure that enrollees have a choice among a reasonable number of competing carriers and types of health benefit plans. A. [PL 2001, c. 369, §2 (RP).] B. [MRSA T. 24-A §1954, sub-§2, ¶ B (RP).] C. [PL 1997, c. 370, Pt. A, §2 (RP).] [PL 2001, c. 369, §2 (AMD).]

3. Enrollment. Develop standard enrollment procedures in accordance with rules adopted by the superintendent; [PL 1995, c. 673, Pt. A, §3 (NEW).]

4. Plan descriptions. Publish educational materials, plan descriptions and comparison sheets describing participating carriers and the health benefit plans available through the alliance for use in enrolling eligible members. The information may include an assessment of utilization management procedures and the level of quality and cost-effective care; [PL 1995, c. 673, Pt. A, §3 (NEW).]

5. Enrollee eligibility. Establish eligibility standards for membership in accordance with rules adopted by the superintendent. Eligibility standards may not relate to health status; [PL 1995, c. 673, Pt. A, §3 (NEW).]

6. Acceptance of enrollees. Accept all applicants for membership that meet the alliance's eligibility standards; [PL 1995, c. 673, Pt. A, §3 (NEW).]

7. Risk pools. Develop standards for classifying groups of participating members into risk pools. The risk pools may include one or more risk pools for enrolled employees and their dependents and a risk pool for enrolled individuals and their dependents; [PL 1995, c. 673, Pt. A, §3 (NEW).]

8. Annual report. Prepare an annual report on the operations of the alliance to the superintendent, which must include an accounting of all outside revenues received by the alliance and internal and independent audits and any other information the superintendent may require; [PL 1995, c. 673, Pt. A, §3 (NEW).]

9. Trust account. Maintain a trust account or accounts for deposit of all money received and collected for the operation of the alliance. An alliance and its board members, employees and agents have a fiduciary duty with respect to all money received or owed to it to ensure payments of its obligations and a full accounting to its members and the superintendent; and [PL 1995, c. 673, Pt. A, §3 (NEW).]

10. Violations. Report to the superintendent any suspected or alleged law violations. [PL 1995, c. 673, Pt. A, §3 (NEW).]

The superintendent may specify further duties by rule. [PL 1995, c. 673, Pt. A, §3 (NEW).]
24 M.R.S. § 2323 — ME Code / Title 24 / Chapter 19 / Section 2323
24 §2323. Order
Status: in_force

The superintendent shall issue an order or decision within 30 days after the close of the hearing, or of any rehearing or reargument or within such other period as the superintendent for good cause may require, but not to exceed 30 days. In the order or decision, the superintendent shall either approve or disapprove the rate filing. If the superintendent disapproves the rate filing, the superintendent shall establish the date on which the filing is no longer effective, specify the filing the superintendent would approve and authorize the organization to submit a new filing in accordance with the terms of the order or decision. [PL 1989, c. 269, §1 (AMD).]
24-A M.R.S. § 6220 — ME Code / Title 24-A / Chapter 73 / Section 6220
24-A §6220. Filings and reports as public documents
Status: in_force

All applications, filings and reports required under this chapter shall be treated as public documents, subject to limitations and exceptions provided in Title 1, chapter 13, subchapter I . [PL 1987, c. 482, §1 (NEW).]
24-A M.R.S. § 2382-E — ME Code / Title 24-A / Chapter 25 / Section 2382-E
24-A §2382-E. Disapproval of rates
Status: reserved

1. Timing of disapproval. A rate that is found not to be in compliance with applicable sections of this Act may be disapproved at any time. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

2. Basis of disapproval. The superintendent may disapprove a rate if the insurer fails to comply with the filing requirements under section 2382‑C . The superintendent shall disapprove a rate for the voluntary market if there is a finding that the rate is inadequate or unfairly discriminatory using the standards in section 2382 . The superintendent shall disapprove a rate for use in the residual market if there is a finding that the rate is excessive, inadequate or unfairly discriminatory, using the standards in section 2382 . The superintendent may disapprove, pursuant to this subsection, without hearing, rates that have not become effective. An insurer whose rates have been disapproved must be notified of the reason for disapproval and must be given a hearing upon a written request made within 30 days after the disapproval order. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]

3. Discontinuance of a rate; interim rates. Discontinuance of a rate and interim rates are subject to the following. A. If the superintendent finds that a rate is not in compliance with the standards of section 2382 or is in violation of section 2382‑C , the superintendent shall order that its use be discontinued for any policy issued or renewed after the date of the order, and the order may prospectively provide for premium adjustment of any policy then in force. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] B. Whenever an insurer has no legally effective rates as a result of the superintendent's disapproval of rates or other act, the superintendent shall, on request of the insurer, specify interim rates for the insurer that are adequate to protect the interests of all parties and may order that a specified portion of the premiums be placed in a special reserve established by the insurer and approved by the superintendent. When new rates become legally effective, the superintendent shall order the specially reserved funds or any overcharge in the interim rates to be distributed appropriately, except that adjustments that are minimal may not be required. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).]
24-A M.R.S. § 3306 — ME Code / Title 24-A / Chapter 47 / Section 3306
24-A §3306. Incorporation of domestic stock, mutual insurers
Status: in_force

1. This section applies to stock and mutual insurers hereafter incorporated in this State. Such an insurer may be formed for the purpose of transacting any kind or kinds of insurance, as well as annuity business. [PL 1969, c. 132, §1 (NEW).]

2. Incorporators. Three or more individuals, none of whom is less than 18 years of age, may incorporate a stock insurer; 10 or more such individuals may incorporate a mutual insurer. At least a majority of the incorporators must be citizens of the United States of America. [PL 1973, c. 625, §148 (AMD).]

3. Articles of incorporation. The incorporators shall execute articles of incorporation in triplicate, and at least a majority of the incorporators shall acknowledge their execution of the articles of incorporation under oath. The articles of incorporation must state and show: A. The name of the corporation, which must be generally indicative of the business to be transacted and be subject to section 408 (name of insurer); if a mutual, the word "mutual" must be a part of the name. An alternative name or names may be specified for use in foreign countries, or in jurisdictions where conflict of name with that of another insurer or organization might otherwise prevent the corporation from being authorized to transact insurance in the foreign country; [PL 2013, c. 299, §2 (AMD).] B. The duration of its existence, which may be perpetual; [PL 2013, c. 299, §2 (AMD).] C. The kinds of insurance, as defined in this Title, that the corporation is formed to transact; [PL 2013, c. 299, §2 (AMD).] D. If a stock corporation, its authorized capital and the number of shares of stock into which divided. The capital stock must consist entirely of common stock of one uniform class, par value not less than $1.00 per share, each outstanding share of which having equal rights in every respect with every other such share, except that treasury stock may not have dividend or voting rights. Shares without par value may not be authorized; [PL 2013, c. 299, §2 (AMD).] E. If a stock corporation, the extent, if any, to which shares of its stock are subject to assessment; [PL 2013, c. 299, §2 (AMD).] F. If a mutual corporation, the maximum contingent liability of its members, other than as to nonassessable policies, for payment of losses and expenses incurred. Such liability must be as stated in the articles of incorporation, but may not be less than one or more than 6 times the premium for the member's policy at the annual premium rate for a term of one year; [PL 2013, c. 299, §2 (AMD).] G. If a mutual corporation, the amount, if any, of its guaranty capital shares, the number and par value of shares into which divided, the voting and other rights of such shares, and the conditions under which such shares must or may be retired by the corporation, all consistent with section 3358 (guaranty capital shares); [PL 2013, c. 299, §2 (AMD).] H. The number of directors who constitute the board of directors and conduct the affairs of the corporation; and the names, addresses and terms of the members of the initial board of directors, who shall conduct the corporation's affairs for the term specified in the articles, but for not more than one year after date of incorporation; [PL 2013, c. 299, §2 (AMD).] I. The city or town and county in this State in which the corporation's principal place of business is to be located; [PL 2013, c. 299, §2 (AMD).] J. The name, residence address and national citizenship of each incorporator; and [PL 2013, c. 299, §2 (AMD).] K. Other provisions, not inconsistent with law, determined appropriate by the incorporators, and including, in the case of life insurers, the power to act as trustee with respect to proceeds of maturity or death benefits payable under life insurance or annuity contracts issued or assumed by it. [PL 2013, c. 299, §2 (AMD).] [PL 2013, c. 299, §2 (AMD).]
24-A M.R.S. § 10 — ME Code / Title 24-A / Chapter 1 / Section 10
24-A §10. Application of code as to particular types of insurers
Status: in_force

No provision of this Title shall apply with respect to: [PL 1969, c. 132, §1 (NEW).]

1. Domestic mutual assessment insurers, as identified in chapter 51 , except as stated in such chapter; [PL 1969, c. 177, §1 (AMD).]

2. Fraternal benefit societies, except as stated in chapter 55 ; [PL 1997, c. 676, §2 (AMD).]

3. [PL 1997, c. 457, §9 (RP).]

4. Unless otherwise expressly provided by this Title, a domestic insurer heretofore formed under a special Act of the Legislature, when inconsistent with such special Act as heretofore amended; [PL 1997, c. 676, §3 (AMD).]

5. The government contracting activities of a health care servicing entity, as defined in Title 22, section 3173 , contracting, whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided by this Title. This Title may apply to other insurance or managed care activities of a health care servicing entity; or [PL 1997, c. 676, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

6. The government contracting activities of a health care servicing entity, as defined in Title 22‑A, section 207, subsection 7 , contracting, whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided by this Title. This Title may apply to any other insurance or managed care activities of a health care servicing entity. [PL 2007, c. 695, Pt. C, §14 (AMD).]
24-A M.R.S. § 5074 — ME Code / Title 24-A / Chapter 68-A / Section 5074
24-A §5074. Disclosure standards for long-term care insurance
Status: in_force

The following standards apply to disclosures relating to long-term care insurance. [PL 1999, c. 292, §2 (NEW).]

1. Disclosures. The superintendent may adopt rules that include standards for full and fair disclosure setting forth the manner, content and required disclosures for the sale of long-term care insurance policies and certificates; terms of renewability; initial and subsequent conditions of eligibility; nonduplication of coverage provisions; coverage of dependents; preexisting conditions; termination of insurance; continuation or conversion; probationary periods; limitations, exceptions and reductions; elimination periods; requirements for replacement; recurrent conditions; and definitions of terms. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 292, §2 (NEW).]

2. Outline of coverage. An outline of coverage must be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the document and its purpose. In the case of producer solicitations, an insurance producer shall deliver the outline of coverage prior to the presentation of an application or enrollment form. In the case of direct response solicitations, the outline of coverage must be presented in conjunction with any application or enrollment form. In the case of a policy issued to an employer group as described in section 2804 , a labor union group as described in section 2805 or a trustee group as described in section 2806 , an outline of coverage is not required to be provided if the information described in this subsection is contained in other materials relating to enrollment that have been filed with and approved by the superintendent. The outline of coverage must be in a standard format, including style, arrangement, overall appearance and content, prescribed by the superintendent and must include the following information: A. A description of the principal benefits and coverage provided in the policy or certificate; [PL 1999, c. 292, §2 (NEW).] B. A statement of the principal exclusions, reductions and limitations contained in the policy or certificate; [PL 1999, c. 292, §2 (NEW).] C. A statement of the terms under which the policy or certificate, or both, may be continued in force or discontinued, including any reservation in the policy of a right to change premium. Continuation or conversion provisions of group coverage must be specifically described; [PL 1999, c. 292, §2 (NEW).] D. A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group master policy contains governing contractual provisions; [PL 1999, c. 292, §2 (NEW).] E. A description of the terms under which the policy or certificate may be returned and premium refunded; [PL 1999, c. 292, §2 (NEW).] F. A statement as to whether the policy or certificate is intended to be qualified for purposes of federal and state individual income taxes; and [PL 1999, c. 292, §2 (NEW).] G. A brief description of the relationship of cost of care and benefits. [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]

3. Qualification for purposes of federal and state individual income taxes. The face page of all long-term care insurance policies and certificates must contain a prominent statement as to whether the policy or certificate is intended to be qualified for purposes of federal and state individual income taxes. [PL 1999, c. 292, §2 (NEW).]

4. Individual life insurance policy that provides long-term care benefits. At the time of policy or certificate delivery, a policy summary must be delivered for an individual life insurance policy that provides long-term care benefits within the policy or by rider. In the case of direct response solicitations, the insurer shall deliver the policy summary upon the applicant's request but, regardless of a request, the insurer shall make such delivery no later than at the time of policy delivery. In addition to complying with all applicable requirements, the summary also must include: A. An explanation of how the long-term care benefits interact with other components of the policy, including deductions from death benefits; [PL 1999, c. 292, §2 (NEW).] B. An illustration of the amount of benefits, the length of benefits and the guaranteed lifetime benefits, if any, for each covered person; [PL 1999, c. 292, §2 (NEW).] C. Any exclusions, reductions and limitations on benefits of long-term care; [PL 1999, c. 292, §2 (NEW).] D. A statement indicating whether any long-term care inflation protection option required by law is available under this policy; and [PL 1999, c. 292, §2 (NEW).] E. If applicable to the policy or certificate type, the summary must also include: (1) A disclosure of the effects of exercising other rights under the policy; (2) A disclosure of guarantees related to long-term care costs of insurance charges; and (3) Current and projected maximum lifetime benefits. [PL 1999, c. 292, §2 (NEW).] The provisions of the policy or certificate summary listed in this subsection may be incorporated into a basic illustration required to be delivered in accordance with the life insurance policy summary that is required to be delivered in accordance with this Title governing life insurance policy summaries or with comparable statutory requirements in any other state. [PL 1999, c. 292, §2 (NEW).]

5. Certificates of group long-term care insurance. A certificate issued pursuant to a group long-term care insurance policy that is delivered or issued for delivery in this State must include: A. A description of the principal benefits and coverage provided in the policy; [PL 1999, c. 292, §2 (NEW).] B. A statement of the principal exclusions, reductions and limitations contained in the policy; and [PL 1999, c. 292, §2 (NEW).] C. A statement that the group master policy determines governing contractual provisions and that the policy is available for viewing in the offices of the policyholder and will be copied for the certificate holder upon request at no cost. [PL 1999, c. 292, §2 (NEW).] [PL 1999, c. 292, §2 (NEW).]
24-A M.R.S. § 2902-G — ME Code / Title 24-A / Chapter 39 / Section 2902-G
24-A §2902-G. Discounted premiums for older drivers
Status: in_force

1. Discount; accident prevention course required. Any rates, rating schedules or rating manuals for the liability, personal injury protection and collision coverages of a motor vehicle insurance policy submitted to or filed with the bureau must provide for an appropriate discount in premium charges for such coverages for a 3-year period when the principal operator of the covered vehicle is an insured 55 years of age or older who successfully completes a motor vehicle accident prevention course approved by the Department of Public Safety, Bureau of Highway Safety. [PL 2001, c. 130, §1 (NEW).]

2. Condition. The premium reduction required by subsection 1 is effective for a 3-year period after an insured 55 years of age or older successfully completes an approved motor vehicle accident prevention course, except that the insurer may require, as a condition of providing and maintaining the discount, that for a 3-year period after the course is completed: A. The insured or a member of the insured's household insured under the policy not be involved in an accident for which the insured is at fault; [PL 2001, c. 130, §1 (NEW).] B. The insured or a member of the insured's household insured under the policy not have committed a moving violation as defined in Title 29‑A, section 101, subsection 44 ; or [PL 2001, c. 130, §1 (NEW).] C. The insured or a member of the insured's household insured under the policy not be subject to a driver's license suspension. [PL 2001, c. 130, §1 (NEW).] [PL 2001, c. 130, §1 (NEW).]

3. Qualification; certificate. An organization offering an approved motor vehicle accident prevention course used to qualify for the premium discount required by subsection 1 shall issue a certificate to a person who successfully completes the course. [PL 2001, c. 130, §1 (NEW).]

4. Application. An insured is not eligible for the premium discount under subsection 1 when the insured is required by a court or other government entity to complete the approved motor vehicle accident prevention course because the insured has committed a moving violation as defined in Title 29‑A, section 101, subsection 44 . [PL 2001, c. 130, §1 (NEW).]

5. Eligibility. An insured must pass an approved motor vehicle accident prevention course every 3 years to continue to be eligible for the premium discount. [PL 2001, c. 130, §1 (NEW).]
24-A M.R.S. § 4377 — ME Code / Title 24-A / Chapter 57 / Section 4377
24-A §4377. Time to file claims
Status: in_force

1. If upon the entry of an order of liquidation under this chapter or at any time thereafter during liquidation proceedings the insurer is not clearly solvent, the court shall, upon hearing after such notice as it considers proper, make and enter an order adjudging the insurer to be insolvent. [PL 2025, c. 348, §36 (AMD).]

2. After the entry of the order of insolvency, regardless of any prior notice that may have been given to creditors, the superintendent shall notify all persons who may have claims against the insurer to file such claims with him, at a place and within the time specified in the notice, or that such claims shall be forever barred. The time specified in the notice shall be as fixed by the court for filing of claims and which shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court. [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
24-A M.R.S. § 3055 — ME Code / Title 24-A / Chapter 41 / Section 3055
24-A §3055. Superintendent's authority to suspend
Status: in_force

In the event of impairment or serious financial difficulty of an insurer or insurers, the superintendent shall have the authority to suspend the provisions of the Maine Property Insurance Cancellation Control Act from applying to the policies of the financially distressed insurer or insurers. [PL 1977, c. 414, §6 (NEW).]
24-A M.R.S. § 4620 — ME Code / Title 24-A / Chapter 62 / Section 4620
24-A §4620. Prohibited advertisement of association in insurance sales
Status: in_force

A person, including a member insurer or an agent or affiliate of a member insurer, may not make, publish, disseminate, circulate or place before the public or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in any newspaper, magazine or publication or in the form of a notice, circular, pamphlet, letter or poster or over any radio station or television station or in any other way any advertisement, announcement or statement, written or oral, that uses the existence of the association for the purpose of sales, solicitation or inducement to purchases of any form of insurance covered by this chapter. This section does not apply to the Maine Life and Health Insurance Guaranty Association or any other entity that does not sell or solicit insurance or health maintenance organization coverage. [PL 2017, c. 382, §29 (AMD).]