reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2401. Scope of chapter

§2401. Scope of chapter
This chapter applies as to all insurance contracts and annuity contracts, other than:   [PL 1969, c. 132, §1 (NEW).]
1.
Reinsurance.
[PL 1969, c. 132, §1 (NEW).]
2.
Unless otherwise specifically indicated, policies or contracts not issued for delivery in this State nor delivered in this State; and
[PL 1993, c. 171, Pt. C, §1 (AMD).]
3.
Wet marine and transportation insurance.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1993, c. 171, §C1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2402. "Policy" defined

§2402. "Policy" defined
"Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2403. "Premium" defined

§2403. "Premium" defined
"Premium" is the consideration for insurance, by whatever name called. Any "assessment", or any "membership", "policy", "survey", "inspection", "service" or similar fee or other charge in consideration for an insurance contract is deemed part of the premium.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2405. Insurable interest -- exception when certain institutions designated beneficiary

§2405. Insurable interest -- exception when certain institutions designated beneficiary
1.
Life insurance contracts may be entered into in which the person, trust or trustee paying the consideration for the insurance has no insurable interest in the life of the individual insured, where charitable, benevolent, educational or religious institutions, or their agencies, are designated irrevocably as the beneficiaries thereof.
[PL 1993, c. 320, §3 (AMD); PL 1993, c. 320, §5 (AFF).]
2.
In making such contracts, the person paying the premium shall make and sign the application therefor as owner or as settlor of a trust, and shall designate a charitable, benevolent, educational or religious institution, or any agency thereof, irrevocably as the beneficiary or beneficiaries of such contract. The application must be signed also by the individual whose life is to be insured.
[PL 1993, c. 320, §3 (AMD); PL 1993, c. 320, §5 (AFF).]
3.
Nothing in this section shall be deemed to prohibit any combination of the applicant, premium payer, owner, and beneficiary from being the same person.
[PL 1969, c. 132, §1 (NEW).]
4.
Such a contract shall be valid and binding among the parties thereto, notwithstanding the absence otherwise of an insurable interest in the life of the individual insured.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1993, c. 320, §3 (AMD). PL 1993, c. 320, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2406. Insurable interest, property

§2406. Insurable interest, property
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).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2407. Power to contract -- purchase of insurance and annuities by minors

§2407. Power to contract -- purchase of insurance and annuities by minors
1.
Any person of competent legal capacity may contract for insurance.
[PL 1969, c. 132, §1 (NEW).]
2.
Any minor not less than 15 years of age, nearest birthday, may, notwithstanding the minor's minority, contract for or own annuities, or insurance, or affirm by novation or otherwise preexisting contracts for annuities or insurance upon the minor's own life, body, health, property, liabilities or other interests, or on the persons of another in whom the minor has an insurable interest. Such a minor must, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to or under any contract for annuity or for insurance upon the minor's own life, body or health, or any contract such minor effected upon the minor's own property, liabilities or other interests, or any contract effected or owned by the minor on the person of another, as might be exercised by a person of full legal age, and may at any time surrender the minor's interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder. Such a minor may not, by reason of the minor's minority, be entitled to rescind, avoid or repudiate the contract, nor to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor not otherwise emancipated may not be bound by any unperformed agreement to pay by promissory note or otherwise, any premium on any such annuity or insurance contract.
[RR 2021, c. 1, Pt. B, §209 (COR).]
3.
Any annuity contract or policy of life or health insurance procured by or for a minor under subsection 2 must be made payable either to the minor or the minor's estate or to a person having an insurable interest in the life of the minor.
[RR 2021, c. 1, Pt. B, §210 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§209, 210 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2408. Consent of insured for health and life insurance

§2408. Consent of insured for health and life insurance
1.
No life or health insurance contract upon an individual, including contracts which may arise under section 2404, subsection 3, paragraph D, may be made or effectuated, unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies for coverage or has provided written consent, except under the following circumstances.
A. A spouse may effectuate insurance upon the other spouse.   [PL 1989, c. 353, §3 (NEW).]
B. Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of the minor.   [PL 1989, c. 353, §3 (NEW).]
C. Family policies may be issued insuring 2 or more members of a family on an application signed by either parent, a stepparent or a spouse.   [PL 1989, c. 353, §3 (NEW).]
[PL 1989, c. 353, §3 (RPR).]
2.
This section does not apply to:
A. Group life insurance contracts other than group contracts which may arise under section 2404, subsection 3, paragraph D;   [PL 1989, c. 353, §3 (NEW).]
B. Group annuity contracts; or   [PL 1989, c. 353, §3 (NEW).]
C. Group or blanket health insurance contracts.   [PL 1989, c. 353, §3 (NEW).]
[PL 1989, c. 353, §3 (RPR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1989, c. 353, §3 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2409. Alteration of application, life and health insurance

§2409. Alteration of application, life and health insurance
An alteration of any written application for any life or health insurance policy or annuity contract may not be made by any person other than the applicant without the applicant's written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.   [RR 2021, c. 1, Pt. B, §211 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §211 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2410. Application; statements; as evidence

§2410. Application; statements; as evidence
1.
The insured shall not be bound by any statement made in an application for an individual life or health insurance policy or annuity contract, and the application shall not be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or endorsed on the policy or contract when issued as a part thereof. This provision shall not apply to industrial life insurance policies or to group life or group health insurance policies.
[PL 1969, c. 132, §1 (NEW).]
2.
If any policy of life or health insurance delivered in this State is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall within 30 days after receipt of such request at its home office, or branch office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary or assignee, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's or assignee's vested interest in the policy or contract.
[PL 1969, c. 132, §1 (NEW).]
3.
As to kinds of insurance other than individual life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at the expiration of 30 days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2411. Representations in applications

§2411. Representations in applications
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).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1999, c. 223, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2411-A. Payment of fees for filings

§2411-A. Payment of fees for filings
The superintendent may require insurers to pay filing fees for form and rate approval on a quarterly, biannual or annual basis.   [PL 1997, c. 457, §42 (NEW).]
SECTION HISTORY
PL 1997, c. 457, §42 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2414. Standard provisions, in general

§2414. Standard provisions, in general
1.
Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this Title pertaining to contracts of particular kinds of insurance. The superintendent may waive the required use of a particular provision in a particular insurance policy form if:
A. The superintendent finds such provision unnecessary for or unrelated to the protection of the insured and inconsistent with the purposes of the policy; and   [RR 2021, c. 1, Pt. B, §213 (COR).]
B. The policy is otherwise approved by the superintendent.   [RR 2021, c. 1, Pt. B, §214 (COR).]
[RR 2021, c. 1, Pt. B, §§213, 214 (COR).]
2.
A policy may not contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the superintendent may approve any substitute provision which is, in the superintendent's opinion, not less favorable in any particular to the insured or beneficiary than the provisions otherwise required.
[RR 2021, c. 1, Pt. B, §215 (COR).]
3.
In lieu of the provisions required by this Title for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the superintendent.
[PL 1973, c. 585, §12 (AMD).]
4.
A policy issued by a domestic insurer for delivery in another jurisdiction may contain or omit any provisions as required or permitted by the laws of such jurisdiction.
[PL 1969, c. 132, §1 (NEW).]
5.
This section does not apply as to the standard fire policy.
[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, §§213-215 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2415. Charter, bylaw provisions

§2415. Charter, bylaw provisions
No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber's agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2416. Execution of policies

§2416. Execution of policies
1.
Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer.
[PL 1969, c. 132, §1 (NEW).]
2.
A facsimile signature of any such executing individual may be used in lieu of an original signature.
[PL 1969, c. 132, §1 (NEW).]
3.
No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2417. Underwriters' and combination policies

§2417. Underwriters' and combination policies
1.
Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the insurer.
[PL 1969, c. 132, §1 (NEW).]
2.
Two or more insurers may, with the approval of the superintendent, issue a combination policy which shall contain provisions substantially as follows:
A. That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy, and   [PL 1969, c. 132, §1 (NEW).]
B. That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.   [PL 1969, c. 132, §1 (NEW).]
[PL 1973, c. 585, §12 (AMD).]
3.
This section shall not apply to cosurety obligations.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2418. Validity and construction of noncomplying forms

§2418. Validity and construction of noncomplying forms
1.
A policy hereafter delivered or issued for delivery to any person in this State in violation of this Title but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this Title.
[PL 1969, c. 132, §1 (NEW).]
2.
Any condition, omission or provision not in compliance with the requirements of this Title and contained in any policy, rider, or endorsement hereafter issued and otherwise valid, shall not thereby be rendered invalid but shall be construed and applied in accordance with such condition, omission or provision as would have applied had the same been in full compliance with this Title.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2419. Delivery of policy as to motor vehicle insurance

§2419. Delivery of policy as to motor vehicle insurance
In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same such information, shall be delivered by the vendor, mortgagee, or pledgee to each such vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written, or stamped conspicuously on the face of such duplicate policy or memorandum. This section does not apply to inland marine floater policies.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2420. Assignability; rights of insurer, assignee

§2420. Assignability; rights of insurer, assignee
1.
A policy may be assignable or not assignable, as provided or permitted by its terms.
[PL 1969, c. 132, §1 (NEW).]
2.
Subject to its terms relating to assignability, a life or health insurance policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned either by pledge or transfer of title, by an assignment executed by the insured or owner alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer.
[PL 1969, c. 132, §1 (NEW).]
3.
Any assignment of a policy which is otherwise lawful and of which the insurer has received notice, shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment, until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment.
[PL 1969, c. 132, §1 (NEW).]
3-A.
Upon receiving notice of a revocation of an assignment of a life insurance policy pursuant to this section, an insurer shall notify the assignee of the policy that the insured or owner has revoked the assignment. The insurer shall also notify the assignee if any cash value of the policy has been distributed at the time of revocation. Notice must be sent to the assignee within 30 days. An insurer is deemed to have complied with this subsection if that insurer has mailed notice by first class mail to the last known mailing address of the assignee.
[PL 2003, c. 109, §1 (NEW).]
4.
Any individual insured under a group insurance policy or group annuity contract has the right, unless expressly prohibited under the terms of the policy or contract, to assign to any other person the individual's rights and benefits under the policy or contract, including, but not limited to, the right to designate the beneficiary or beneficiaries and the rights as to conversion provided for in sections 2621 to 2625, and, subject to the terms of the policy relating to assignments thereunder, any such assignment, made either before or after January 2, 1970, is valid for the purpose of vesting in the assignee all such rights and benefits so assigned. While the assignment is in effect, and whether heretofore or hereafter made, the insurer is entitled to deal with the assignee as the owner of such rights and benefits in accordance with the terms of the assignment; but without prejudice to the insurer on account of any lawful action taken or payment made by it prior to receipt by it at its home office of written notice of the assignment or of the termination thereof.
[RR 2021, c. 1, Pt. B, §216 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §39 (AMD). PL 1973, c. 625, §143 (AMD). PL 2003, c. 109, §1 (AMD). RR 2021, c. 1, Pt. B, §216 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2421. Renewal of policy

§2421. Renewal of policy
Any policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specified additional period or periods by a certificate or other endorsement of the policy, and without requiring issuance of a new policy.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2422. Notice to, knowledge of agent binding on insurer

§2422. Notice to, knowledge of agent binding on insurer
1.
An agent authorized by an insurer, if the name of such agent is borne on the policy, is the insurer's agent in all matters of insurance. Any notice required to be given by the insured to the insurer or any of its officers may be given in writing to such agent.
[PL 1969, c. 132, §1 (NEW).]
2.
The authorized agent of an insurer must be regarded as in the place of the insurer in all respects regarding any insurance effected by the agent. The insurer is bound by the agent's knowledge of the risk and all matters connected therewith. Omissions and misdescriptions known to the agent must be regarded as known to the insurer and waived by it as if noted in the policy.
[RR 2021, c. 1, Pt. B, §217 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §217 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2423. Forms for proof of loss to be furnished

§2423. Forms for proof of loss to be furnished
An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2424. Claims administration not waiver

§2424. Claims administration not waiver
Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer may be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:   [RR 2009, c. 2, §67 (COR).]
1.
Acknowledgement of the receipt of notice of loss or claim under the policy.
[PL 1969, c. 132, §1 (NEW).]
2.
Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.
[PL 1969, c. 132, §1 (NEW).]
3.
Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2009, c. 2, §67 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2425. Payment discharges insurer

§2425. Payment discharges insurer
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).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2426. Advance payments

§2426. Advance payments
1.
A payment or payments made by any person, or by the person's insurer by virtue of an insurance policy, on account of bodily injury or death or damage to or loss of property of another, does not constitute an admission of liability or waiver of defense as to such injury, death, loss or damage, or be admissible in evidence in any action brought against the insured person or the person's insurer for damages, indemnity or benefits arising out of such injury, death, loss or damage unless pleaded as a defense to the action.
[RR 2021, c. 1, Pt. B, §218 (COR).]
2.
All such payments must be credited upon any settlement with respect to the same damage, expense, or loss made by, or upon any judgment rendered therefor in such an action against, the payor or the payor's insurer, and in favor of any person to whom or on whose account payment was made.
[RR 2021, c. 1, Pt. B, §218 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §218 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2427. Minor may give acquittance (REPEALED)

§2427. Minor may give acquittance
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1979, c. 663, §144 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2428. Exemption of proceeds -- life, endowment, annuity, accident contracts

§2428. Exemption of proceeds -- life, endowment, annuity, accident contracts
1.
Certain policies of insurance shall be exempt from claims of creditors, and the rights of beneficiaries and assignees thereof shall be protected, as set forth.
[PL 1969, c. 132, §1 (NEW).]
2.
Except in cases of transfers with intent to defraud creditors, if a contract of life, endowment, annuity or accident insurance, whether heretofore or hereafter issued, is effected by any person on that person's own life or on another life, in favor of a person other than the person effecting that contract, or is assigned or in any way made payable to any other person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such contract of insurance or executors or administrators of such insured or of the person so effecting such contract of insurance, is entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the contract of insurance is made payable to the person whose life is insured or to the executor or administrator of such person if the beneficiary or assignee predeceases such person, and such proceeds and avails are exempt from all liability for any debt of the beneficiary existing at the time the proceeds and avails are made available for the beneficiary's use. Subject to the statutes of limitations, the amount of any premiums for such contract of insurance paid with intent to defraud creditors, with interest thereon, inures to the benefit of the creditors from the proceeds of the contract of insurance; but the insurer issuing the contract must be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the insurer has received written notice, by or in behalf of a creditor with specifications of the amount claimed along with such facts as will assist the insurer to ascertain the particular policy, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, and unless such insurer has been served with trustee process for the cash surrender value of any such contract of insurance as required by law prior to making payment of the proceeds in accordance with the terms of the contract of insurance.
[RR 2013, c. 2, §37 (COR).]
3.
For the purpose of subsection 2, a contract of insurance shall also be deemed to be payable to a person other than the insured if and to the extent that a facility-of-payment clause or similar clause in the contract permits the insurer to discharge its obligation after the death of the individual insured by paying the death benefits to a person as permitted by such clause.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2013, c. 2, §37 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2429. Exemption of proceeds, health insurance

§2429. Exemption of proceeds, health insurance
Except as may otherwise be expressly provided by the policy or contract, the proceeds or avails of all contracts of health insurance and of provisions providing benefits on account of the insured's disability that are supplemental to life insurance or annuity contracts heretofore or hereafter effected are exempt from all liability for any debt of the insured, and from any debt of the beneficiary existing at the time the proceeds are made available for the beneficiary's use.   [RR 2021, c. 1, Pt. B, §219 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §219 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2430. Exemption of proceeds, group insurance

§2430. Exemption of proceeds, group insurance
1.
A policy of group life insurance or group health insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, is not liable, either before or after payment, to be applied by any legal or equitable process to pay any debt or liability of such insured individual or the individual's beneficiary or of any other person having a right under the policy.
[RR 2021, c. 1, Pt. B, §220 (COR).]
2.
This section does not apply to group insurance issued pursuant to this Title to a creditor covering the creditor's debtors, to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.
[RR 2021, c. 1, Pt. B, §220 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §220 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2431. Exemption of proceeds, individual annuity contracts; assignability of rights

§2431. Exemption of proceeds, individual annuity contracts; assignability of rights
1.
The benefits, rights, privileges and options which under any individual annuity contract heretofore or hereafter issued are due or prospectively due the annuitant, shall not be subject to execution nor shall the annuitant be compelled to exercise any such rights, powers, or options, nor shall creditors be allowed to interfere with or terminate the contract, except:
A. As to amounts paid for or as premium on any such annuity with intent to defraud creditors, with interest thereon, and of which the creditor has given the insurer written notice received at its home office prior to the making of the payment to the annuitant out of which the creditor seeks to recover. Any such notice shall specify the amount claimed or such facts as will enable the insurer to ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain the annuity contract, the annuitant and the payment sought to be avoided on the ground of fraud.   [PL 1969, c. 132, §1 (NEW).]
B. The total exemption of benefits presently due and payable to any annuitant periodically or at stated times under all annuity contracts under which the annuitant is an annuitant, may not at any time exceed $450 per month for the length of time represented by such installments, and that such periodic payments in excess of $450 per month are subject to garnishee execution to the same extent as are wages and salaries.   [RR 2021, c. 1, Pt. B, §221 (COR).]
C. If the total benefits presently due and payable to any annuitant under all annuity contracts under which the annuitant is an annuitant, at any time exceed payment at the rate of $450 per month, then the court may order such annuitant to pay to a judgment creditor or apply on the judgment, in installments, such portion of such excess benefits as to the court may appear just and proper, after due regard for the reasonable requirements of the judgment debtor and the judgment debtor's family, if dependent upon the judgment debtor, as well as any payments required to be made by the annuitant to other creditors under prior court orders.   [RR 2021, c. 1, Pt. B, §222 (COR).]
[RR 2021, c. 1, Pt. B, §§221, 222 (COR).]
2.
If the contract so provides, the benefits, rights, privileges or options accruing under such contract to a beneficiary or assignee shall not be transferable nor subject to commutation, and if the benefits are payable periodically or at stated times, the same exemptions and exceptions contained herein for the annuitant, shall apply with respect to such beneficiary or assignee.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§221, 222 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2432. Exemption of employee's interest; group annuities, pension trusts

§2432. Exemption of employee's interest; group annuities, pension trusts
If any group annuity contract or pension trust, whether heretofore or hereafter issued, is effected by an employer for the benefit of the employer's employees, whether or not requiring any contribution toward the cost thereof by such employees, the interest of any employee, beneficiary or joint or contingent annuitant in any policy, certificate or fund in connection therewith and the interest in any payments or proceeds thereof and in any optional or death benefits is not in any way subject to execution, levy, attachment, garnishment, trustee process or any other legal or equitable process.   [RR 2021, c. 1, Pt. B, §223 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §223 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2433. Jurisdiction of courts, limitation of actions

§2433. Jurisdiction of courts, limitation of actions
No conditions, stipulations or agreements in a contract of insurance shall deprive the courts of this State of jurisdiction of actions against foreign insurers, or limit the time for commencing actions against such insurers to a period of less than 2 years from the time when the cause of action accrues.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2434. Suits against foreign insurers

§2434. Suits against foreign insurers
Any person having a claim against any foreign insurer may bring a trustee action or any other appropriate action therefor in the courts of this State. Service of process upon such an insurer must be made as provided in section 421.   [PL 1997, c. 457, §43 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1997, c. 457, §43 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2436-A. Unfair claims settlement practices

§2436-A. Unfair claims settlement practices
1.  Civil actions.
A person injured by any of the following actions taken by that person's own insurer may bring a civil action and recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of 1 1/2% per month:
A. Knowingly misrepresenting to an insured pertinent facts or policy provisions relating to coverage at issue;   [PL 1997, c. 621, §1 (RPR).]
B. Failing to acknowledge and review claims, which may include payment or denial of a claim, within a reasonable time following receipt of written notice by the insurer of a claim by an insured arising under a policy;   [PL 1997, c. 621, §1 (RPR).]
C. Threatening to appeal from an arbitration award in favor of an insured for the sole purpose of compelling the insured to accept a settlement less than the arbitration award;   [PL 1997, c. 621, §1 (RPR).]
D. Failing to affirm or deny coverage, reserving any appropriate defenses, within a reasonable time after having completed its investigation related to a claim; or   [PL 1997, c. 621, §1 (RPR).]
E. Without just cause, failing to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear.   [PL 1997, c. 621, §1 (NEW).]
[PL 1997, c. 621, §1 (RPR).]
2.  Without just cause.
For the purposes of this section, an insurer acts without just cause if it refuses to settle claims without a reasonable basis to contest liability, the amount of any damages or the extent of any injuries claimed.
[PL 1997, c. 621, §1 (RPR).]
3.  No limitation on other cause of action.
Nothing in this section prohibits any other claim or cause of action a person has against an insurer.
[PL 1997, c. 621, §1 (NEW).]
4.  Application.
This section does not apply to workers' compensation claims.
[PL 1997, c. 621, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 291, §2 (NEW). PL 1997, c. 621, §1 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2436-B. Declaratory judgment actions involving insurance policies

§2436-B. Declaratory judgment actions involving insurance policies
1.  Definition.
For purposes of this section, "insured" means a natural person and does not include a corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.
[PL 2001, c. 126, §1 (NEW).]
2.  Costs and attorney's fees.
In an action pursuant to Title 14, chapter 707 to determine an insurer's contractual duty to defend an insured under an insurance policy, if the insured prevails in such action, the insurer shall pay court costs and reasonable attorney's fees.
[PL 2001, c. 126, §1 (NEW).]
3.  Application.
This section does not apply to workers' compensation, disability, life, health, accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance.
[PL 2001, c. 126, §1 (NEW).]
4.  Construction.
This section may not be construed to permit any assignment of rights by an insured to any other person or to create or extend any right or cause of action for a 3rd-party claimant under an insurance policy.
[PL 2001, c. 126, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 126, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2437. Procedures covered by health insurance policies whether performed by physician or dentist

§2437. Procedures covered by health insurance policies whether performed by physician or dentist
Whenever the terms "physician" and "doctor" are used in any policy of health or accident insurance issued in this State, these terms include within their meaning those persons licensed under and in accordance with the laws relating to the practice of dentistry, Title 32, chapter 143, in respect to any care, services, procedures or benefits covered by that policy of insurance that those persons are licensed to perform, any provisions in any such policy of insurance to the contrary notwithstanding.   [PL 2017, c. 288, Pt. A, §31 (AMD).]
SECTION HISTORY
PL 1975, c. 345, §2 (NEW). PL 2015, c. 429, §10 (AMD). PL 2017, c. 288, Pt. A, §31 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2438. Short title

§2438. Short title
This section and sections 2439 to 2445 shall be known as the "Insurance Policy Language Simplification Act."   [PL 1979, c. 267, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2439. Definitions

§2439. Definitions
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).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2440. Applicability

§2440. Applicability
1.  Application.
This Act shall apply to all policies delivered or issued for delivery in this State by an insurer on or after the date the forms must be approved under this Act, but nothing in this Act shall apply to:
A. Any policy which is a security subject to federal jurisdiction;   [PL 1979, c. 267, §2 (NEW).]
B. Any group policy covering a group of 1,000 or more lives at date of issue, other than a group credit life or health insurance policy; this shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this State;   [PL 1979, c. 267, §2 (NEW).]
C. Any group annuity contract which serves as a funding vehicle for pension, profit-sharing or deferred compensation plans;   [PL 1979, c. 267, §2 (NEW).]
D. Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this section;   [PL 1979, c. 267, §2 (NEW).]
E. The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this Act.   [PL 1979, c. 267, §2 (NEW).]
[PL 1979, c. 267, §2 (NEW).]
2.  Exception.
No other statute of this State setting language simplification standards shall apply to any policy forms.
[PL 1979, c. 267, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2442. Construction

§2442. Construction
Nothing in this Act shall be construed to negate any law of this State permitting the issuance of any policy form after it has been on file for the time period specified.   [PL 1979, c. 267, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2443. Powers of the superintendent

§2443. Powers of the superintendent
The superintendent may authorize a lower score than the Flesch reading ease score required in section 2441, subsection 1, paragraph A, whenever, in the superintendent's sole discretion, the superintendent finds that a lower score will provide a more accurate reflection of the readability of a policy form, or is warranted by the nature of a particular policy form or type or class of policy forms, or is caused by certain policy language that is drafted to conform to the requirements of any state law, regulation or agency interpretation.   [RR 2021, c. 1, Pt. B, §224 (COR).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW). RR 2021, c. 1, Pt. B, §224 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2444. Approval of forms

§2444. Approval of forms
A policy form meeting the requirements of section 2441, subsection 1 shall be approved notwithstanding the provisions of any other laws which specify the content of policies, if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.   [PL 1979, c. 267, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 27: THE INSURANCE CONTRACT › 24-A §2445. Effective dates

§2445. Effective dates
1.  Policy form delivered.
No policy form shall be delivered or issued for delivery in this State on or after June 1, 1984, unless approved by the superintendent or permitted to be issued under this Act. Any policy form which has been approved or permitted to be issued prior to June 1, 1984, and which meets the standards set by this Act need not be refiled for approval, but may continue to be lawfully delivered or issued for delivery in this State upon the filing with the superintendent of a list of forms identified by form number and accompanied by a certificate as to each form in the manner provided in section 2441, subsection 4.
[PL 1979, c. 267, §2 (NEW).]
2.  Dates extended.
The superintendent may, in the superintendent's sole discretion, extend the dates in subsection 1.
[RR 2021, c. 1, Pt. B, §225 (COR).]
SECTION HISTORY
PL 1979, c. 267, §2 (NEW). RR 2021, c. 1, Pt. B, §225 (COR).