reglab/housing_qa huggingface dataset:
24-A ME Rev Stat § 4382 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4382. Report and petition for assessment

 §4382. Report and petition for assessment Within 3 years after the date of the entry of an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer, the superintendent may make and file the superintendent's report and petition to the court setting forth:   [RR 2021, c. 1, Pt. B, §376 (COR).]1.  The reasonable value of the assets of the insurer;   [PL 1969, c. 132, §1 (NEW).] 2.  The liabilities of the insurer to the extent thus far ascertained by the superintendent;   [PL 1973, c. 585, §12 (AMD).] 3.  The aggregate amount of the assessment, if any, which the superintendent deems reasonably necessary to pay all claims, the costs and expenses of the collection of the assessments and the costs and expenses of the delinquency proceedings in full; and   [PL 1973, c. 585, §12 (AMD).] 4.  Any other information relative to the affairs or property of the insurer that the superintendent deems material.   [PL 1973, c. 585, §12 (AMD).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §376 (COR).
24-A ME Rev Stat § 4383 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4383. Order and levy of assessment

 §4383. Order and levy of assessment 1.  Upon the filing and reading of the report and petition provided for in section 4382, the court, ex parte, may order the superintendent to assess all members or subscribers of the insurer who may be subject to such an assessment, in such an aggregate amount as the court finds reasonably necessary to pay all valid claims as may be timely filed and proved in the delinquency proceedings, together with the costs and expenses of levying and collecting assessments and the costs and expenses of the delinquency proceedings in full. Any such order must require the superintendent to assess each such member or subscriber for the member's or subscriber's proportion of the aggregate assessment, according to such reasonable classification of such members or subscribers and formula as may be made by the superintendent and approved by the court.   [RR 2021, c. 1, Pt. B, §377 (COR).] 2.  The court may order additional assessments upon the filing and reading of any amendment or supplement to the report and petition referred to in subsection 1, if such amendment or supplement is filed within 3 years after the date of the entry of the order of rehabilitation or liquidation.   [PL 1969, c. 132, §1 (NEW).] 3.  After the entry of the order to levy and assess members or subscribers of an insurer referred to in subsections 1 and 2, the superintendent shall levy and assess members or subscribers in accordance with the order.   [PL 1973, c. 585, §12 (AMD).] 4.  The total of all assessments against any member or subscriber with respect to any policy, whether levied pursuant to any other provision of this Title, shall be for no greater amount than that specified in the policy or policies of the member or subscriber and as limited under this Title, except as to any policy which was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, in which event the assessment against any such policyholder shall be upon the basis of the minimum rate for such risk.   [PL 1969, c. 132, §1 (NEW).] 5.  No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with this Title.   [PL 1969, c. 132, §1 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §377 (COR).
24-A ME Rev Stat § 4384 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4384. Assessment prima facie correct; notice; payment; proceedings to collect

 §4384. Assessment prima facie correct; notice; payment; proceedings to collect 1.  Any assessment of a subscriber or member of an insurer made by the superintendent pursuant to the order of court fixing the aggregate amount of the assessment against all members or subscribers and approving the classification and formula made by the superintendent under section 4383, subsection 1 shall be prima facie correct.   [PL 1973, c. 585, §12 (AMD).] 2.  Each member or subscriber must be notified of the amount of assessment to be paid by the member or subscriber by written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the member or subscriber to receive the notice so mailed, within the time specified therein or at all, is not a defense in any proceeding to collect the assessment.   [RR 2021, c. 1, Pt. B, §378 (COR).] 3.  If any such member or subscriber fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the superintendent may obtain an order in the delinquency proceedings requiring the member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against such member or subscriber for the amount of the assessment together with all costs, and a copy of the order and a copy of the petition therefor shall be served upon the member or subscriber within the time and in the manner designated in the order.   [PL 1973, c. 585, §12 (AMD).] 4.  If the subscriber or member after due service of a copy of the order and petition referred to in subsection 3 is made upon the subscriber or member:   A. Fails to appear at the time and place specified in the order, judgment must be entered against the subscriber or member as prayed for in the petition; or   [RR 2021, c. 1, Pt. B, §379 (COR).]B. Appears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision.   [PL 1969, c. 132, §1 (NEW).][RR 2021, c. 1, Pt. B, §379 (COR).] 5.  The superintendent may collect any such assessment through any other lawful means.   [PL 1973, c. 585, §12 (AMD).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §§378, 379 (COR).
24-A ME Rev Stat § 4385 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4385. Federal receivership

 §4385. Federal receivership 1.  Whenever in the superintendent's opinion liquidation of a domestic insurer or an alien insurer domiciled in this State would be facilitated by a federal receivership, and when any ground exists upon which the superintendent might petition the court for an order of rehabilitation or liquidation of the insurer under this chapter, or if such an order has already been entered, the superintendent may request another superintendent or other resident of another state to petition any appropriate federal district court for the appointment of a federal receiver. The superintendent may intervene in any such action to support or oppose the petition, and may accept appointment as the receiver if so designated. This chapter applies to the receivership except to the extent that the court determines that the insurance rehabilitation and liquidation laws of another state are applicable in any part. Upon the superintendent's motion, the courts of this State shall relinquish all jurisdiction over the insurer for purposes of rehabilitation or liquidation. No federal law governing proceedings in bankruptcy may be applied to proceedings under this section.   [PL 1991, c. 828, §32 (AMD).] 2.  If the superintendent is appointed receiver under this section, the superintendent shall comply with requirements necessary to give the superintendent title to and control over the assets and affairs of the insurer.   [RR 2021, c. 1, Pt. B, §380 (COR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §32 (AMD). RR 2021, c. 1, Pt. B, §380 (COR).
24-A ME Rev Stat § 4386 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4386. Application for approval

 §4386. Application for approval 1.  Insolvency; assets disbursed.  Within 120 days after a final determination of insolvency of a company by a court of competent jurisdiction of this State, the receiver shall make application to the court for approval of a proposal to disburse assets out of the company's marshaled assets, from time to time as those assets become available, to the Maine Insurance Guaranty Association, to the Maine Life and Health Insurance Guaranty Association and to any similar organization in another state. The Maine Insurance Guaranty Association, the Maine Life and Health Insurance Guaranty Association and any similar organizations in other states are referred to, collectively, as the associations.   [PL 2017, c. 382, §1 (AMD).] 2.  Proposals.  The proposals shall at least include provisions for:   A. Reserving amounts for the payment of the expenses of administration and the claims falling within the priorities established in section 4379, subsections 1 and 4-B;   [PL 2017, c. 169, Pt. D, §6 (AMD).]B. Disbursement of the assets marshaled to date and subsequent disbursements of assets as they become available;   [PL 1981, c. 347 (NEW).]C. Equitable allocation of disbursements to each of the associations entitled thereto; and   [PL 1981, c. 347 (NEW).]D. The securing by the receiver from each of the associations entitled to disbursements pursuant to this section of an agreement to return to the receiver the assets, and interest earned thereon, previously disbursed as may be required to pay claims as secured creditors and claims falling within the priorities established in section 4379, subsections 1 to 6, in accordance with those priorities.   [PL 1981, c. 347 (NEW).][PL 2017, c. 169, Pt. D, §6 (AMD).] 3.  Disbursements to associations.  The receiver's proposal shall provide for disbursements to the associations in amounts at least equal to the payments made or to be made thereby for which the association could assert claims against the receiver and shall further provide that if the assets available for disbursement, from time to time, do not equal or exceed the amounts of the payments made or to be made by the associations, then disbursements shall be in the amount of available assets.   [PL 1981, c. 347 (NEW).] 4.  Notice.  Notice of the application shall be given to the associations in, and to the commissioners of insurance of, each of the states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first class postage prepaid, at least 30 days prior to submission of the application to the court. Action on the application may be taken by the court provided the notice has been given and provided further that the receiver's proposal complies with subsection 2, paragraphs A and D.   [PL 1981, c. 347 (NEW).] SECTION HISTORY PL 1981, c. 347 (NEW). PL 2017, c. 169, Pt. D, §6 (AMD). PL 2017, c. 382, §1 (AMD).
24-A ME Rev Stat § 4401 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4401. Summary proceedings; superintendent's corrective orders authorized

 §4401. Summary proceedings; superintendent's corrective orders authorized 1.  If the superintendent determines after a hearing that any insurer has committed or engaged in, or is committing or engaging in, or is about to commit or engage in any act, practice or transaction that would subject it to formal delinquency proceedings under section 4351 to 4407, the superintendent may make and serve upon the insurer and other persons involved such orders, other than seizure orders under sections 4404 and 4405, as the superintendent considers reasonably necessary to correct, eliminate or remedy such conduct, condition or ground. Orders to cure impairment of capital or surplus of a domestic insurer are subject to sections 3423 and 3424.   [RR 2021, c. 1, Pt. B, §381 (COR).] 2.  If the superintendent believes that irreparable harm to the insurer or its policyholders, creditors or the public may occur unless the superintendent's order is issued with immediate effect, the superintendent may make and serve the superintendent's order without notice and before hearing, and shall simultaneously therewith serve upon the insurer and other persons involved the notice of hearing as required under subsection 3.   [RR 2021, c. 1, Pt. B, §382 (COR).] 3.  The superintendent's order and notice of hearing thereunder shall be served in such a manner as conforms with the notice provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV.   [PL 1977, c. 694, §438 (RPR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §438 (AMD). RR 2021, c. 1, Pt. B, §§381, 382 (COR).
24-A ME Rev Stat § 4402 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4402. -- appeal from superintendent's order

 §4402. -- appeal from superintendent's order If the superintendent has issued a summary order before hearing as provided in section 4401, subsection 2, any person upon whom such order is served may waive the superintendent hearing and apply for any immediate judicial relief available under law and without first exhausting administrative remedies. Section 236 (appeal from superintendent) shall apply as to appeals from the superintendent's order made after hearing.   [PL 1973, c. 585, §12 (AMD).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
24-A ME Rev Stat § 4403 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4403. -- enforcement, penalty

 §4403. -- enforcement, penalty 1.  The superintendent may apply for and any Superior Court may grant such restraining orders, temporary and permanent injunctions and other orders as may be deemed necessary to enforce the superintendent's order.   [PL 1973, c. 585, §12 (AMD).] 2.  Violation of any order of the superintendent issued under section 4401 by any person as to whom the order is in effect shall subject such person to a penalty of not to exceed $10,000, to be collected in a civil action brought by the Attorney General in the name of the State of Maine. The Attorney General shall deposit all funds so collected with the Treasurer of State to the credit of the Insurance Division Regulatory Revolving Fund.   [PL 1973, c. 585, §12 (AMD).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
24-A ME Rev Stat § 4404 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4404. -- seizure under court order

 §4404. -- seizure under court order 1.  Upon filing by the superintendent in any Superior Court of this State of the superintendent's verified petition alleging any ground for a formal delinquency proceeding against an insurer under sections 4351 to 4385 and that the interests of the insurer's policyholders or creditors or the public will be jeopardized by delay, and setting forth the order considered necessary by the superintendent, the court shall, ex parte and without notice or hearing, issue the requested order. The requested order may:   A. Direct the superintendent to take possession and control of all or part of the property, books, accounts and records of the insurer and the premises occupied by it for transaction of its business; and   [PL 1973, c. 585, §12 (AMD).]B. Until further order of court, enjoin the insurer and its officers, managers, agents and employees from removal, concealment or other disposition of its property, and from transaction of its business, except with the superintendent's written consent.   [PL 1973, c. 585, §12 (AMD).][RR 2021, c. 1, Pt. B, §383 (COR).] 2.  The court's order shall be for such duration, specified in the order, as the court deems necessary to enable the superintendent to ascertain the insurer's condition. On motion of any party or on its own motion, the court may hold such hearings as it deems desirable after such notice as it deems appropriate, and extend or shorten the duration or modify the terms of the order. The court shall vacate the seizure order if the superintendent fails to commence a formal proceeding under sections 4351 to 4385 after reasonable opportunity to do so; and a seizure order is automatically vacated by issuance of the court's order pursuant to formal delinquency proceedings under such sections of this chapter.   [PL 1973, c. 585, §12 (AMD).] 3.  Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.   [PL 1969, c. 132, §1 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §383 (COR).
24-A ME Rev Stat § 4405 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4405. -- seizure under the superintendent's order

 §4405. -- seizure under the superintendent's order 1.  If it appears to the superintendent that the interests of policyholders, creditors or the public will be jeopardized by delay incident to requesting a court seizure order, then on any ground that would justify a court seizure order under section 4404, and without notice and without applying to the court, the superintendent may issue a seizure order that must contain a statement verified by the superintendent of the grounds of the superintendent's action. As directed by the seizure order, the superintendent's representatives shall forthwith take possession and control of all or part of the property, books, accounts and records of the insurer, and of the premises occupied by the insurer for transaction of its business. The superintendent shall retain possession and control until the order is vacated or is replaced by an order of court pursuant to subsection 2 or pursuant to a formal proceeding under this chapter.   [RR 2021, c. 1, Pt. B, §384 (COR).] 2.  At any time after seizure under subsection 1 the insurer may apply to the Superior Court for Kennebec County or for the county in this State in which the insurer's principal office is located. The court shall thereupon order the superintendent to appear forthwith and shall thereafter proceed as if the order were a court seizure order issued under section 4404.   [PL 1973, c. 585, §12 (AMD).] 3.  Every law enforcement officer of this State shall assist the superintendent in making and enforcing any such seizure, and every sheriff's and police department shall furnish him with such deputies, patrolmen or officers as are necessary for the purpose.   [PL 1973, c. 585, §12 (AMD).] 4.  Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.   [PL 1969, c. 132, §1 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §384 (COR).
24-A ME Rev Stat § 4406 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4406. -- conduct of hearings, both administrative and by the court, in summary proceedings

 §4406. -- conduct of hearings, both administrative and by the court, in summary proceedings 1.  The superintendent shall hold all hearings in summary proceedings privately unless the insurer requests a public hearing, in which case the hearing shall be public.   [PL 1973, c. 585, §12 (AMD).] 2.  The court may hold all hearings in summary proceedings and judicial reviews thereof privately in chambers, and shall do so on request of the insurer proceeded against.   [PL 1969, c. 132, §1 (NEW).] 3.  In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents, and all insurance bureau files and court records and papers, so far as they pertain to or are part of the record of the summary proceedings, are and remain confidential except as necessary to obtain compliance therewith, unless the court after hearing arguments by the parties in chambers orders otherwise, or unless the insurer requests that the matter be made public. Until the court otherwise orders, all papers filed with the clerk of court must be held by the clerk of court in a confidential file.   [RR 2021, c. 1, Pt. B, §385 (COR).] 4.  If at any time it appears to the court that any person whose interest is or will be substantially affected by an order did not appear at the hearing and has not been served, the court may order that notice be given and the proceedings be adjourned to give such person opportunity to appear, on such terms as may be reasonable and just.   [PL 1969, c. 132, §1 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §385 (COR).
24-A ME Rev Stat § 4407 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 2: SUMMARY PROCEEDINGS|24-A §4407. Penalty for refusal to deliver property, etc.

 §4407. Penalty for refusal to deliver property, etc. Any person having possession or custody of and refusing to deliver to the superintendent or the superintendent's representative upon request any of the property, books, accounts, documents or other records of an insurer against which a seizure order or a summary order has been issued by the superintendent or by the court, as provided under sections 4401 to 4406, is upon conviction thereof subject to a fine of not over $10,000 or imprisonment for less than one year, or by both such fine and imprisonment.   [RR 2021, c. 1, Pt. B, §386 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §386 (COR).
24-A ME Rev Stat § 4431 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4431. Short title

 §4431. Short title This subchapter shall be known and may be cited as the Maine Insurance Guaranty Association Act.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW).
24-A ME Rev Stat § 4432 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4432. Purpose

 §4432. Purpose The purpose of this subchapter is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW).
24-A ME Rev Stat § 4434 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4434. Construction

 §4434. Construction This subchapter shall be liberally construed to effect the purpose stated under section 4432, which shall constitute an aid and guide to interpretation.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW).