An Act To Provide Insurance Coverage for a Beneficiary on a Transfer on Death Deed
Maine Legislature, Session 130, LD 1752
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BAILEY, SANBORN
Amends: 24-A MRSA §3044

Legislative Document
No. 1752
S.P. 611
In Senate, December 2, 2021
An Act To Provide Insurance Coverage for a Beneficiary on a 
Transfer on Death Deed
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on November 30, 2021.  Referred to the 
Committee on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 
and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Senator: SANBORN of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, after a homeowner’s death it can take time to reinstate an insurance policy 
on real property; and
Whereas, continuity of homeowner’s insurance coverage after the homeowner’s 
death is critical to protecting the assets of an estate and the interests of the beneficiaries; 
and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §3044 is enacted to read:
§3044.  Transfer on death deed; provision and cancellation of property insurance
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  “Designated beneficiary” has the same meaning as in Title 18-C, section 6-402, 
subsection 2.
B.  “Insurable interest” has the same meaning as in section 2406, subsection 2.
C.  “Transfer on death deed” has the same meaning as in Title 18-C, section 6-402, 
subsection 6.
D.  “Transferor” has the same meaning as in Title 18-C, section 6-402, subsection 7.
2.  Policy to include designated beneficiary.  Notwithstanding any provision of law 
to the contrary, an insurer shall include as a named insured on a contract of property 
insurance a designated beneficiary for a property for which the designated beneficiary has 
been named on a transfer on death deed.  The designated beneficiary has an insurable 
interest in the property only after the death of the transferor.  The insurer may not cancel 
the contract for at least 30 days after the death of the transferor.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires a property insurance insurer to include as a named insured on a 
contract of property insurance a designated beneficiary for a property for which the 
designated beneficiary has been named on a transfer on death deed.  It provides that the 
insurer may not cancel the contract for at least 30 days after the death of the transferor of 
the property and provides that the designated beneficiary does not have an insurable interest 
in the property until after the transferor’s death.