reglab/housing_qa huggingface dataset:
24-A ME Rev Stat § 4436 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4436. Creation of the association

 §4436. Creation of the association There is created a nonprofit unincorporated legal entity to be known as the Maine Insurance Guaranty Association. All insurers defined as member insurers in section 4435 shall be and remain members of the association as a condition of their authority to transact insurance in this State. The association shall perform its functions under a plan of operation established and approved under section 4439 and shall exercise its powers through a board of directors established under section 4437. For purposes of administration and assessment, the association shall be divided into 3 separate accounts:   [PL 1969, c. 561 (NEW).]1.  The workers' compensation insurance account;   [PL 1987, c. 707, §7 (AMD).] 2.  The automobile insurance account; except those insurers writing only automobile physical damage insurance, which shall be included in the all other insurance account; and   [PL 1969, c. 561 (NEW).] 3.  The account for all other insurance to which this subchapter applies.   [PL 1969, c. 561 (NEW).] SECTION HISTORY PL 1969, c. 561 (NEW). PL 1987, c. 707, §7 (AMD).
24-A ME Rev Stat § 4437 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4437. Board of directors

 §4437. Board of directors The board of directors of the association must consist of not less than 7 persons serving terms as established in the plan of operation, and not less than 3 of the persons must represent members of the association that are domiciled in the State. The members of the board must be selected by member insurers subject to the approval of the superintendent. A member insurer serving on the board must resign if the member insurer ceases writing new insurance business in the State. Vacancies on the board must be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the superintendent.   [PL 2009, c. 116, §1 (AMD).]In approving selections to the board, the superintendent shall consider among other things whether all member insurers are fairly represented.   [PL 1973, c. 585, §12 (AMD).]Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). PL 1973, c. 625, §160 (AMD). PL 1985, c. 279, §3 (AMD). PL 2009, c. 116, §1 (AMD).
24-A ME Rev Stat § 4440-A (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4440-A. Special assessment

 §4440-A. Special assessment 1.  Special assessment.  If the maximum assessment, together with the other assets of the association in any account, does not provide in any one year in any account an amount sufficient to make all necessary payments from that account, the shortfall shall be assessed as an obligation of the other accounts of the association, with each member insurer's assessment to be in the proportion that its net direct written premiums for the calendar year preceding the assessment on the kinds of insurance in the accounts to be assessed bears to the total net direct written premiums of all member insurers for the same calendar year on the kinds of insurance in those accounts. The total of assessments against a member insurer under this section and section 4440 for any account in any one calendar year shall not exceed 2% of that member's net direct written premium on the kinds of insurance written in that account for the next preceding calendar year.   [PL 1989, c. 67, §8 (NEW).] 2.  Limit on assessment.  Subject to the 2% limitation, an assessment made under this section may not exceed 5% of the average of a member insurer's net income of the 3 years prior to the year in which the assessment is made for any member insurer:   A. That has surplus of less than $15,000,000 and either a ratio of total net direct written premium to total surplus greater than 2 or net income of less than $250,000 for the year preceding the assessment. For purposes of this subsection, "net income" means the sum of underwriting income and investment income, net of dividends to policyholders and federal and foreign income taxes incurred, as reported on the insurer's annual statement filed with the superintendent. "Total surplus" means surplus as regards policyholders, as reported on the insurer's annual statement filed with the superintendent; or   [PL 1995, c. 289, §17 (AMD).]B. That has a surplus of less than $15,000,000 and has fewer than 3,000 policyholders.   [PL 1995, c. 289, §17 (AMD).][PL 1995, c. 289, §17 (AMD).] 3.  Repealer.   [PL 1989, c. 67, §8 (NEW); PL 1989, c. 751, §5 (RP).] 4.  Notification to Legislature.  Within 7 days after the board of directors votes to levy an assessment under this section, the chair of the board of directors shall notify the chairs of the legislative committee having jurisdiction over insurance matters that the association has voted to make such an assessment. The notification must:   A. Be in writing; and   [PL 1989, c. 751, §6 (NEW).]B. Include the total amount to be assessed against each account and the name of the account to which the assessed funds will be credited.   [PL 1989, c. 751, §6 (NEW).][PL 1989, c. 751, §6 (NEW).] SECTION HISTORY PL 1989, c. 67, §8 (NEW). PL 1989, c. 641, §§1,2 (AMD). PL 1989, c. 751, §§5,6 (AMD). PL 1995, c. 289, §17 (AMD).
24-A ME Rev Stat § 4440-B (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4440-B. Assessment of excess insurers (REPEALED)

 §4440-B. Assessment of excess insurers (REPEALED)SECTION HISTORY PL 1989, c. 67, §8 (NEW). MRSA T. 24-A §4440-B (RP).
24-A ME Rev Stat § 4441 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4441. Duties and powers of the superintendent

 §4441. Duties and powers of the superintendent 1.  Duties and powers.  The superintendent shall:   A. Notify the association of the existence of an insolvent insurer not later than 3 days after the superintendent receives notice of the determination of the insolvency. The association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member insurer which is domiciled in this State at the same time that the complaint is filed with a court of competent jurisdiction; and   [PL 1987, c. 707, §9 (AMD).]B. Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.   [PL 1969, c. 561 (NEW).][PL 1987, c. 707, §9 (AMD).] 2.  Permission.  The superintendent may:   A. Require that the association notify the insureds of the insolvent insurer and any other interested parties of the order of liquidation with a finding of insolvency and of their rights under this subchapter. Such notifications must be by mail at their last known addresses, where available, but if required information for notification by mail is not available, notice by publication in a newspaper of general circulation in this State is sufficient. Any notification given under this paragraph must prominently display the date by which all claims must be filed with the association.   [PL 2001, c. 478, §10 (AMD); PL 2001, c. 478, §11 (AFF).]B. Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.   [PL 1969, c. 561 (NEW).]C. Revoke the designation of any servicing facility if the superintendent finds claims are being handled unsatisfactorily.   [RR 2021, c. 1, Pt. B, §387 (COR).][RR 2021, c. 1, Pt. B, §387 (COR).] SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). PL 1987, c. 707, §9 (AMD). PL 2001, c. 478, §10 (AMD). PL 2001, c. 478, §11 (AFF). RR 2021, c. 1, Pt. B, §387 (COR).
24-A ME Rev Stat § 4442 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4442. Effect of paid claims

 §4442. Effect of paid claims Any person recovering on a covered claim under this subchapter must be deemed to have assigned the person's rights under the policy to the association to the extent of the person's recovery from the association. Every insured or claimant seeking the protection of this subchapter shall cooperate with the association to the same extent as such person would have been required to cooperate with the insolvent insurer. The association has no cause of action against the insured of the insolvent insurer for any sums it has paid out except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer. In the case of an insolvent insurer operating on a plan with assessment liability, payment of claims by the association does not operate to reduce the liability of insureds to the receiver, liquidator or statutory successor for unpaid assessments.   [RR 2021, c. 1, Pt. B, §388 (COR).]The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this subchapter against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses.   [PL 1969, c. 561 (NEW).]The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association, which shall preserve the rights of the association against the assets of the insolvent insurer.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW). RR 2021, c. 1, Pt. B, §388 (COR).
24-A ME Rev Stat § 4443 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4443. Nonduplication of recovery

 §4443. Nonduplication of recovery 1.  Insurance policy.  Any person having a claim against an insurer under any provision in an insurance policy, other than that of an insolvent insurer, which is also a covered claim, shall be required to exhaust first the person's right under the policy. Any amount otherwise payable on a covered claim under this subchapter shall be reduced by the amount of any recovery under the insurance policy.   [PL 1987, c. 707, §10 (NEW).] 2.  Governmental insurance.  Any person having a claim or legal right of recovery under any governmental insurance, which is also a covered claim, shall be required to exhaust first that person's right under that insurance. Any amount payable on a covered claim under this subchapter shall be reduced by the amount of any recovery under that insurance.   [PL 1987, c. 707, §10 (NEW).] 3.  Insurance guaranty association.  Any person having a claim which may be recovered from more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that, if it is a first party claim for damage to property with a permanent location, that person shall seek recovery first from the association of the location of the property, and, if it is a workers' compensation claim, that person shall seek recovery first from the association of the residence of the claimant. Any recovery under this subchapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.   [PL 1987, c. 707, §10 (NEW).] SECTION HISTORY PL 1969, c. 561 (NEW). PL 1987, c. 707, §10 (RPR).
24-A ME Rev Stat § 4444 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4444. Prevention of insolvencies

 §4444. Prevention of insolvencies To aid in the detection and prevention of insurer insolvencies:   [PL 1969, c. 561 (NEW).]1.  Notification.  The board of directors, upon majority vote, shall notify the superintendent of any information indicating that any member insurer may be insolvent or in a financial condition hazardous to policyholders or the public.   [PL 1973, c. 585, §12 (AMD).] 2.  Examination.  The board of directors may, upon majority vote, request that the superintendent order an examination of any member insurer which the board in good faith believes may be in a financial condition hazardous to policyholders or the public. Within 30 days of the receipt of such request, the superintendent shall begin such examination. The cost of the examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall the examination report, or any portion thereof, be released to the board of directors prior to its release to the public, but this shall not preclude the superintendent from complying with subsection 3. The superintendent shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the superintendent but shall not be open to public inspection prior to the release of the examination report, or part thereof to the public, in accordance with section 227.   [PL 1973, c. 585, §12 (AMD).] 3.  Report.  The superintendent shall report to the board of directors when the superintendent has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to policyholders or the public.   [RR 2021, c. 1, Pt. B, §389 (COR).] 4.  Recommendations.  The board of directors may, upon majority vote, make reports and recommendations to the superintendent upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents or be open to public inspection.   [PL 1973, c. 585, §12 (AMD).] 5.  Prevention.  The board of directors may, upon majority vote, make recommendations to the superintendent for the detection and prevention of insurer insolvencies.   [PL 1973, c. 585, §12 (AMD).] 6.  Report.  The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the superintendent.   [PL 1987, c. 707, §11 (AMD).] SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). PL 1985, c. 279, §7 (AMD). PL 1987, c. 707, §11 (AMD). RR 2021, c. 1, Pt. B, §389 (COR).
24-A ME Rev Stat § 4445 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4445. Examination of the association

 §4445. Examination of the association The association shall be subject to examination and regulation by the superintendent. The board of directors shall submit, not later than March 30th of each year, a financial report for the preceding calendar year in a form approved by the superintendent.   [PL 1973, c. 585, §12 (AMD).]The association is also subject to audit, enforcement and monitoring by the Workers' Compensation Board with respect to workers' compensation claims as provided for in the Maine Workers' Compensation Act of 1992. Notwithstanding any other provision of law, the association is liable for the payment of any compensation, interest, penalty or other obligation determined to be due by the Workers' Compensation Board as provided for in the Maine Workers' Compensation Act of 1992. The Workers' Compensation Board may not assess the association penalties for the acts or omissions of insolvent insurers.   [PL 2005, c. 603, §2 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). PL 2005, c. 603, §2 (AMD).
24-A ME Rev Stat § 4446 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4446. Tax exemption

 §4446. Tax exemption The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes levied on real or personal property.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW).
24-A ME Rev Stat § 4447 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4447. Recognition of assessment in rates

 §4447. Recognition of assessment in rates The rates and premiums charged for insurance policies to which this subchapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.   [PL 1969, c. 561 (NEW).]SECTION HISTORY PL 1969, c. 561 (NEW).
24-A ME Rev Stat § 4448 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4448. Immunity

 §4448. Immunity There is no liability on the part of and no cause of action of any nature arises against any member insurer, the association or its agents or employees, the board of directors, or the superintendent or the superintendent's representatives for any action taken by them in the performance of their powers and duties under this subchapter.   [RR 2021, c. 1, Pt. B, §390 (COR).]SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §390 (COR).
24-A ME Rev Stat § 4449 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4449. Stay of proceedings; reopening of default judgments

 §4449. Stay of proceedings; reopening of default judgments All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 60 days from the date the insolvency is determined, and may be stayed by the Superior Court for additional time solely as is deemed necessary to permit proper defense by the association of all pending causes of action. The association shall provide to the superintendent a copy of any such request for stay and supporting documents filed with the court. As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of such insured may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and shall be permitted to defend against such claim on the merits.   [PL 1985, c. 279, §8 (AMD).]The liquidator, receiver or statutory successor of an insolvent insurer covered by this subchapter shall permit access by the board of directors, or its authorized representative, to those records of the insolvent insurer which are necessary for the board to carry out its functions under this subchapter with regard to covered claims. The liquidator, receiver or statutory successor shall provide the board or its representative with copies of these records upon request by the board and at the expense of the board.   [PL 1987, c. 707, §12 (NEW).]This section does not authorize a stay of proceedings before the Workers' Compensation Board, or of proceedings in Superior Court to enforce orders of the Workers' Compensation Board. A stay of workers' compensation proceedings before the Workers' Compensation Board or the Superior Court may be granted if otherwise authorized by law, provided that good cause for a stay exists and that reasonable diligence was exhibited by the insurer, the employer, the association and their counsel to proceed with the proceeding prior to the insolvency.   [PL 1989, c. 67, §9 (NEW); PL 1991, c. 885, Pt. D, §2 (AMD).]SECTION HISTORY PL 1969, c. 561 (NEW). PL 1985, c. 279, §8 (AMD). PL 1987, c. 707, §12 (AMD). PL 1987, c. 707, §12 (NEW). PL 1989, c. 67, §9 (AMD). PL 1991, c. 885, §D2 (AMD).
24-A ME Rev Stat § 4450 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4450. Termination of association

 §4450. Termination of association The superintendent shall by order terminate the operation of the association as to any kind of insurance with respect to which the superintendent has found, after notice and hearing, that there is in effect a statutory plan of the United States Government to avoid excessive delay or financial loss to claimants or policyholders because of insurer insolvency and that provides for protection and benefits to residents of this State not materially less favorable than provided under this subchapter. Such order for termination continues the operation of this subchapter with respect to prior insurer insolvencies not covered by such plan. The order must also provide for a proportionate distribution of the assets of the association to insurers that will cease to be members of the association on the effective date of the order.   [RR 2021, c. 1, Pt. B, §391 (COR).]SECTION HISTORY PL 1969, c. 561 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §391 (COR).
24-A ME Rev Stat § 4451 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4451. Advertising restrictions

 §4451. Advertising restrictions Any person who makes, publishes or circulates, or causes to be made, published or circulated, any statement which uses the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance shall be deemed to have committed an unfair trade practice which is subject to a cease and desist order pursuant to section 2165 and to any applicable penalty provided by this Title.   [PL 1985, c. 279, §9 (NEW).]SECTION HISTORY PL 1985, c. 279, §9 (NEW).
24-A ME Rev Stat § 4452 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION|24-A §4452. Report to Legislature

 §4452. Report to Legislature At the end of each calendar year, the association shall submit a report of its activities to the joint standing committee of the Legislature having jurisdiction over banking and insurance matters. The report must include the amount of assessments made against each account, the name of the insolvent insurer to which the assessments are attributable and the amount of funds borrowed, if any, by the association and the repayment date of any loan.   [PL 1989, c. 751, §7 (NEW).]SECTION HISTORY PL 1989, c. 751, §7 (NEW).
24-A ME Rev Stat § 6901 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 87: DIRIGO HEALTH|Subchapter 1: GENERAL PROVISIONS|24-A §6901. Short title

 §6901. Short title This chapter may be known and cited as "the Dirigo Health Act."   [PL 2003, c. 469, Pt. A, §8 (NEW).]SECTION HISTORY PL 2003, c. 469, §A8 (NEW).