reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-A: HEALTH PLAN IMPROVEMENT ACT › Subchapter 3: DOWNSTREAM RISK › 24-A §4342. Related provisions

§4342. Related provisions
The superintendent may deny a request for waiver based on any of the following characteristics:   [PL 1999, c. 609, §20 (NEW).]
1.  Carrier controlled.
An arrangement with a downstream entity that has control of the carrier. "Control" has the same meaning as defined in section 222, subsection 2, paragraph B;
[PL 1999, c. 609, §20 (NEW).]
2.  Transfer of claims processing, payment or adjudication.
An arrangement by which the claims processing, claims payment or claims adjudication functions are transferred to the downstream entity from the carrier. This section may not be construed to authorize the superintendent to deny a request based on the transfer of utilization review functions from the carrier to the downstream entity;
[PL 1999, c. 609, §20 (NEW).]
3.  Transfer of managerial control.
An arrangement by which managerial control of the carrier's information system is transferred to the downstream entity;
[PL 1999, c. 609, §20 (NEW).]
4.  Overlap between officers or directors.
An arrangement in which there is overlap between the officers or directors of the downstream entity and the carrier; or
[PL 1999, c. 609, §20 (NEW).]
5.  Transfer of more than 1/12 of annual capitated payments.
An arrangement that transfers more than 1/12 of the annual capitated payments at one time to the downstream entity.
[PL 1999, c. 609, §20 (NEW).]
SECTION HISTORY
PL 1999, c. 609, §20 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-A: HEALTH PLAN IMPROVEMENT ACT › Subchapter 3: DOWNSTREAM RISK › 24-A §4343. Rules

§4343. Rules
The superintendent may adopt rules establishing application procedures and specific standards for meeting the requirements pursuant to this subchapter. Rules adopted pursuant to this subchapter are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.   [PL 1999, c. 609, §20 (NEW).]
SECTION HISTORY
PL 1999, c. 609, §20 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-B: MAINE CONSUMER CHOICE HEALTH PLAN › 24-A §4346. Maine Consumer Choice Health Plan (REPEALED)

§4346. Maine Consumer Choice Health Plan
(REPEALED)
SECTION HISTORY
PL 2001, c. 708, §3 (NEW). PL 2001, c. 714, §II2 (AMD). PL 2007, c. 395, §28 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-C: HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS › 24-A §4348-A. Use of untrue, deceptive or misleading advertisement prohibited

§4348-A. Use of untrue, deceptive or misleading advertisement prohibited
A pharmacy benefits manager or representative of a pharmacy benefits manager may not cause or knowingly permit the use of any advertisement, promotion, solicitation, representation, proposal or offer that is untrue, deceptive or misleading.   [PL 2021, c. 371, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 371, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-C: HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS › 24-A §4350-A. Responsibility to use compensation for benefit of covered persons

§4350-A. Responsibility to use compensation for benefit of covered persons
1.  Compensation used to reduce point-of-sale costs, improve benefits or lower premiums.
All compensation remitted by or on behalf of a pharmaceutical manufacturer, developer or labeler, directly or indirectly, to a carrier, or to a pharmacy benefits manager under contract with a carrier, related to its prescription drug benefits must be:
A. Remitted directly to the covered person at the point of sale to reduce the out-of-pocket cost to the covered person associated with a particular prescription drug; or   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
B. Remitted to, and retained by, the carrier. Compensation remitted to the carrier must be applied by the carrier in its plan design and in future plan years to offset the premium for covered persons.   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
2.  Compliance.
Beginning March 1, 2021 and annually thereafter, a carrier shall file with the superintendent a report in the manner and form determined by the superintendent demonstrating how the carrier has complied with this section.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 469, §8 (NEW). PL 2019, c. 469, §9 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-C: HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS › 24-A §4350-B. Prescription drug formularies; pharmacy and therapeutics committee

§4350-B. Prescription drug formularies; pharmacy and therapeutics committee
1.  Pharmacy and therapeutics committee; use of formulary.
A carrier, or a pharmacy benefits manager under contract with a carrier, shall establish a pharmacy and therapeutics committee. A carrier shall require its pharmacy and therapeutics committee or the pharmacy and therapeutics committee of the carrier's pharmacy benefits manager to use one or more formularies.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
2.  Pharmacy and therapeutics committee; no conflict of interest for members.
A carrier, or a pharmacy benefits manager under contract with a carrier, may not allow a person with a conflict of interest, as described in paragraph A or B, to be a member of its pharmacy and therapeutics committee. A person may not serve as a member of a pharmacy and therapeutics committee if the person:
A. Is employed, or was employed within the preceding year, by a pharmaceutical manufacturer, developer, labeler, wholesaler or distributor; or   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
B. Receives compensation, or received compensation within the preceding year, from a pharmaceutical manufacturer, developer, labeler, wholesaler or distributor.   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
3.  Compensation prohibited.
A carrier, or a pharmacy benefits manager under contract with a carrier, shall prohibit its pharmacy and therapeutics committee or any member of the committee from receiving any compensation from a pharmaceutical manufacturer, developer, labeler, wholesaler or distributor.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 469, §8 (NEW). PL 2019, c. 469, §9 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-C: HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS › 24-A §4350-C. Access to records; audits

§4350-C. Access to records; audits
1.  Requirements; record keeping.
A carrier shall maintain and have the ability to access all data related to the administration and provision of prescription drug benefits under a health plan of a carrier, including, but not limited to:
A. The names, addresses, member identification numbers, protected health information and other personal information of covered persons; and   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
B. All contracts, documentation and records, including transaction and pricing data, related to the dispensing of prescription drugs to covered persons under the health plan.   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
2.  Compliance with federal law.
A sale or transaction involving the transfer of any records, information or data described in subsection 1 must comply with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104‑191 and the federal Health Information Technology for Economic and Clinical Health Act, Public Law 111‑5 and any regulations adopted pursuant to those laws.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
3.  Audit records.
A carrier may audit all transaction records related to the dispensing of prescription drugs to covered persons under a health plan of the carrier. A carrier may conduct audits at a location of its choosing and with an auditor of its choosing.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
4.  Maintenance of records.
A carrier shall maintain all records, information and data described in subsection 1 and all audit records described in subsection 3 for a period of no less than 5 years.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
5.  Authority of superintendent.
Upon request, a carrier shall provide to the superintendent any records, contracts, documents or data held by the carrier or the carrier's pharmacy benefits manager for inspection, examination or audit purposes.
[PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 469, §8 (NEW). PL 2019, c. 469, §9 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 56-C: HEALTH PLANS THAT PROVIDE PRESCRIPTION DRUG BENEFITS › 24-A §4350-E. Effective date

§4350-E. Effective date
This chapter takes effect January 1, 2020.   [PL 2019, c. 469, §8 (NEW); PL 2019, c. 469, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 469, §8 (NEW). PL 2019, c. 469, §9 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4351. Scope of provisions

§4351. Scope of provisions
The applicable provisions of this chapter shall apply as to:   [PL 1969, c. 132, §1 (NEW).]
1.
All insurers authorized to transact insurance in this State;
[PL 1969, c. 132, §1 (NEW).]
2.
All insurers having policyholders resident in this State;
[PL 1969, c. 132, §1 (NEW).]
3.
All insurers against whom a claim under an insurance contract may arise in this State;
[PL 1969, c. 132, §1 (NEW).]
4.
All persons in process of organization, or holding themselves out as organizing, or proposing to organize in this State for the purpose of becoming an insurer;
[PL 2001, c. 88, §10 (AMD).]
5.
All other persons as to whom such provisions are otherwise expressly made applicable by law; and
[PL 2001, c. 88, §10 (AMD).]
6.
Health maintenance organizations, which are considered insurers for the purposes of this subchapter and subchapter II.
[PL 2001, c. 88, §11 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 2001, c. 88, §§10,11 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4352. Short title

§4352. Short title
This chapter constitutes and may be cited as the "Insurance Rehabilitation and Liquidation Law."   [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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4354. Jurisdiction of delinquency proceedings; venue; exclusiveness of remedy; appeal

§4354. Jurisdiction of delinquency proceedings; venue; exclusiveness of remedy; appeal
1.
The Superior Court has original jurisdiction of delinquency proceedings under this chapter, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of this chapter. A delinquency proceeding may not be commenced under this chapter by anyone other than the superintendent.
[PL 1991, c. 828, §26 (AMD).]
2.
The venue of delinquency proceedings against a domestic insurer shall be in the county in this State of the insurer's principal place of business; or, if the principal place of business is located in another state, in any county in this State selected by the superintendent for the purpose. The venue of proceedings against foreign insurers shall be in any county in this State selected by the superintendent for the purpose.
[PL 1973, c. 585, §12 (AMD).]
3.
At any time after commencement of a proceeding the superintendent or any other party may apply to the court for an order changing the venue of, and removing, the proceeding to any other county of this State in which the proceeding may most conveniently, economically and efficiently be conducted.
[PL 1973, c. 585, §12 (AMD).]
4.
No court shall have jurisdiction to entertain, hear or determine any petition or complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or for an injunction or restraining order or other relief preliminary, incidental or relating to such proceedings, other than in accordance with this chapter.
[PL 1969, c. 132, §1 (NEW).]
5.
An appeal shall lie to the Supreme Judicial Court from any court granting or refusing rehabilitation, liquidation, conservation or receivership and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §26 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4355. Jurisdiction over related persons and transactions

§4355. Jurisdiction over related persons and transactions
1.
A court of this State, in which an order of rehabilitation or liquidation has been entered in delinquency proceedings against a domestic insurer or alien insurer domiciled in this State, has jurisdiction also over persons, served as provided in subsection 2, in an action brought by the insurer's receiver on or arising out of such obligation or relationship, as follows:
A. Persons obligated to the insurer as a result of agency or brokerage or transactions between such persons and the insurer;   [PL 1969, c. 132, §1 (NEW).]
B. Reinsurers of the insurer, and their representatives;   [PL 1991, c. 828, §27 (AMD).]
C. Past or present officers, managers, trustees, directors, organizers and promoters of the insurer, and other persons in positions of similar responsibility with the insurer;   [PL 1991, c. 828, §27 (AMD).]
D. Persons served who are or were at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; and   [PL 1991, c. 828, §28 (NEW).]
E. Persons served who are obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.   [PL 1991, c. 828, §28 (NEW).]
[PL 1991, c. 828, §§27, 28 (AMD).]
2.
As to those of such persons who are in this State, personal service of process shall be made as in other civil actions. As to those of such persons who cannot be found in this State at the time process is to be served, personal service of process shall be made thereon by a public officer of the jurisdiction in which such person may be found, in the same manner as personal service of process is required to be made within this State under the laws of this State; and the affidavit or certificate under oath setting forth the facts of such service shall be filed in the court in this State in which the action is pending.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 828, §27 (AMD). PL 1991, c. 828, §28 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4357. Grounds for liquidation of domestic insurer or domiciled alien insurer

§4357. Grounds for liquidation of domestic insurer or domiciled alien insurer
The superintendent may apply to the court for an order appointing the superintendent as receiver, if the superintendent's appointment as receiver is not then in effect, and directing the superintendent to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this State, whether or not there has been a prior order directing the superintendent to rehabilitate the insurer, upon any one or more of the following grounds:   [RR 2021, c. 1, Pt. B, §353 (COR).]
1.
That the insurer has failed to cure an impairment of surplus or capital or assets within the time allowed therefor by any lawful order of the superintendent;
[PL 1973, c. 585, §12 (AMD).]
2.
That the insurer is insolvent, or has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute or is the object, in this State or elsewhere, of any action of proceeding to liquidate its business or affairs or to dissolve its corporate charter or to procure the appointment of a receiver, trustee, custodian or sequestrator under any law except this Title. This provision shall not apply as to the conversion of a stock insurer to an ordinary business corporation as authorized under section 3473 or to voluntary dissolution of the insurer pursuant to section 3484;
[PL 1969, c. 132, §1 (NEW).]
3.
That the insurer has ceased for a period of one year to transact insurance business;
[PL 1969, c. 132, §1 (NEW).]
4.
If a proposed insurer has not completed its organization and obtained a certificate of authority as an insurer within the time allowed therefor under any applicable law;
[PL 1969, c. 132, §1 (NEW).]
5.
That efforts to rehabilitate the insurer and remove the causes or adverse effects thereof for which rehabilitation was instituted have failed despite all reasonable efforts by the superintendent, or cannot be continued without material increase of risk of loss to the insurer's creditors or policyholders; or
[PL 1973, c. 585, §12 (AMD).]
6.
If the insurer has requested or consented to liquidation by vote or written authorization of a majority of its directors or stockholders, or members if a mutual 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, §353 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4358. Grounds for conservation, foreign and alien insurers

§4358. Grounds for conservation, foreign and alien insurers
The superintendent may apply to the court for an order appointing the superintendent as receiver or ancillary receiver and directing the superintendent to conserve the assets within this State of a foreign or alien insurer upon any of the applicable grounds specified in section 4356 or 4357 or upon the ground that the insurer's property has been sequestrated in its domiciliary sovereignty or in any other sovereignty; or, in the case of an alien insurer, that the insurer has failed to make good an impairment of its trusteed funds within the time required therefor by order of the superintendent.   [RR 2021, c. 2, Pt. A, §82 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §354 (COR). RR 2021, c. 2, Pt. A, §82 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4359. Grounds for ancillary liquidation, foreign and alien insurers

§4359. Grounds for ancillary liquidation, foreign and alien insurers
The superintendent may apply to the court for an order appointing the superintendent to liquidate the business of a foreign or alien insurer having assets, business or claims in this State upon the appointment in the domiciliary sovereignty of such insurer of a receiver, liquidator, conservator, rehabilitator or other officer by whatever name called for the purpose of liquidating the business of the insurer.   [RR 2021, c. 1, Pt. B, §355 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §355 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4360. Commencement of proceeding

§4360. Commencement of proceeding
1.
The superintendent shall commence a delinquency proceeding authorized under this chapter, the Attorney General representing him, by filing a petition in a court of proper jurisdiction praying for appointment of the superintendent as receiver of the insurer.
[PL 1973, c. 585, §12 (AMD).]
2.
Upon the filing of the petition, the court shall issue an order directing the insurer to appear in court on the day fixed in the order and show cause why the petition should not be granted. Unless good cause is shown for a shorter period, the order shall require the insurer to so show cause not less than 15 or more than 30 days from date of the order.
[PL 1969, c. 132, §1 (NEW).]
3.
The order to show cause and service thereof on the insurer shall constitute due and legal process and shall be in lieu of any other process otherwise provided by law.
[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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4361. Service of process

§4361. Service of process
A certified copy of any order to show cause issued under section 4360, and a copy of the petition upon which the same is made, must be served upon the insurer by delivering the same to its president, vice-president, secretary, treasurer, director or to its managing agent or attorney in fact, if a reciprocal insurer; or if no such officer or functionary can readily be found in this State, then such process may be served upon the insurer by service thereof upon the superintendent pursuant to section 421.   [PL 1997, c. 457, §51 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1997, c. 457, §51 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4362. Injunctions

§4362. Injunctions
1.
Upon application by the superintendent for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.
[PL 1973, c. 585, §12 (AMD).]
2.
The court may at any time during a proceeding under this chapter issue such other injunctions or orders as may be deemed necessary to prevent interference with the superintendent or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof.
[PL 1973, c. 585, §12 (AMD).]
3.
Notwithstanding any other provision of law, no bond shall be required of the superintendent as a prerequisite for the issuance of any injunction or restraining order pursuant to this section.
[PL 1973, c. 585, §12 (AMD).]
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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4362-A. Dissolution of domestic insurer

§4362-A. Dissolution of domestic insurer
The superintendent, upon application for an order of liquidation of a domestic insurer for any of the reasons specified in section 4357 or at any time thereafter, may apply for an order of dissolution of the domestic insurer. Upon the filing of the application, the court shall issue an order directing the insurer to appear in court on the day fixed in the order and show cause why the application should not be granted. The order to show cause and notice thereof shall conform to the requirements applicable to an order to show cause set forth in section 4360, subsections 2 and 3, and section 4361. Unless cause is shown why the application should not be granted, the court, after hearing, shall order that the corporate existence of such domestic insurer be dissolved.   [PL 1983, c. 603, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 603, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4363. Uniform Insurers Liquidation Act; severability; interpretation

§4363. Uniform Insurers Liquidation Act; severability; interpretation
1.
This section, section 4353 (definitions), and sections 4364 to 4369 comprise and may be cited as the Uniform Insurers Liquidation Act.
[PL 1969, c. 132, §1 (NEW).]
2.
If any provision of the Uniform Insurers Liquidation Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of the Act are declared to be severable.
[PL 1969, c. 132, §1 (NEW).]
3.
This Uniform Insurers Liquidation Act shall be so interpreted as to effectuate its general purpose to make uniform the laws of those states which enact it. To the extent that its provisions, when applicable, conflict with other provisions of this Title, the Uniform Insurers Liquidation Act shall control.
[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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4365. Conduct of delinquency proceedings against foreign insurers

§4365. Conduct of delinquency proceedings against foreign insurers
1.
Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this State, the court shall appoint the superintendent as ancillary receiver. The superintendent shall file a petition requesting the appointment on the grounds set forth in section 4358 or 4359:
A. If the superintendent finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary receiver; or   [RR 2021, c. 1, Pt. B, §360 (COR).]
B. If 10 or more persons resident in this State having claims against such insurer file a petition with the superintendent requesting the appointment of such ancillary receiver.   [PL 1973, c. 585, §12 (AMD).]
[RR 2021, c. 2, Pt. A, §83 (COR).]
2.
The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state is vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer located in this State and the domiciliary receiver has the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this State. The domiciliary receiver is also entitled to recover the other assets of the insurer located in this State, except that upon the appointment of an ancillary receiver in this State, the ancillary receiver during the ancillary receivership proceedings has the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this State, and shall pay the necessary expenses of the proceedings. All remaining assets the ancillary receiver shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and the ancillary receiver's deputies have the same powers and are subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this State.
[RR 2021, c. 1, Pt. B, §361 (COR).]
3.
The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this State to recover any assets of such insurer to which the domiciliary receiver may be entitled under the laws of this State.
[RR 2021, c. 1, Pt. B, §362 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§360-362 (COR). RR 2021, c. 2, Pt. A, §83 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4366. Claims of nonresidents against domestic insurers

§4366. Claims of nonresidents against domestic insurers
1.
In a delinquency proceeding begun in this State against a domestic insurer, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary receiver, but claimants residing in foreign countries or in states not reciprocal states must file claims in this State. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
[PL 1991, c. 828, §29 (AMD).]
2.
Controverted claims belonging to claimants residing in reciprocal states may either:
A. Be proved in this State, or   [PL 1969, c. 132, §1 (NEW).]
B. If ancillary proceedings have been commenced in such reciprocal states, may be proved in those proceedings. In the event a claimant elects to prove the claimant's claim in ancillary proceedings, if notice of the claim and opportunity to appear and be heard is afforded the domiciliary receiver of this State, as provided in section 4367 with respect to ancillary proceedings in this State, the final allowance of such claim by the courts in the ancillary state must be accepted in this State as conclusive as to its amount and must also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.   [RR 2021, c. 1, Pt. B, §363 (COR).]
[RR 2021, c. 1, Pt. B, §363 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 828, §29 (AMD). RR 2021, c. 1, Pt. B, §363 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4367. Claims against foreign insurers

§4367. Claims against foreign insurers
1.
In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this State may file claims either with the ancillary receiver, if any, appointed in this State, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
[PL 1969, c. 132, §1 (NEW).]
2.
Controverted claims belonging to claimants residing in this State may either:
A. Be proved in the domiciliary state as provided by the law of that state, or   [PL 1969, c. 132, §1 (NEW).]
B. If ancillary proceedings have been commenced in this State, be proved in those proceedings. In the event that any such claimant elects to prove a claim in this State, the claimant shall file the claim with the ancillary receiver and shall give notice in writing to the receiver in the domiciliary state, either by registered or certified mail or by personal service at least 40 days prior to the date set for hearing. The notice must contain a concise statement of the amount of the claim, the facts on which the claim is based and the priorities asserted, if any. If the domiciliary receiver within 30 days after the giving of such notice gives notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of the domiciliary receiver's intention to contest such claim, the domiciliary receiver is entitled to appear or to be represented in any proceeding in this State involving adjudication of the claim. The final allowance of the claim by the courts of this State must be accepted as conclusive as to its amount and must also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this State.   [RR 2021, c. 1, Pt. B, §364 (COR).]
[RR 2021, c. 1, Pt. B, §364 (COR).]
3.
The courts of this State shall give full faith and credit to any stay of or injunction barring new actions against an insurer or its receiver, or the continuation of existing actions against an insurer or its receiver, when the stay or injunction is pursuant to an order to liquidate or rehabilitate an insurer issued in accordance with the delinquency laws of a reciprocal state.
[PL 2021, c. 16, §15 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 2021, c. 16, §15 (AMD). RR 2021, c. 1, Pt. B, §364 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4368. Form of claim; notice; hearing

§4368. Form of claim; notice; hearing
1.
All claims against an insurer against which delinquency proceedings have been begun must set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims must be verified by the affidavit of the claimant or someone authorized to act on the claimant's behalf and having knowledge of the facts, and must be supported by such documents as may be material thereto.
[RR 2021, c. 1, Pt. B, §365 (COR).]
2.
All claims filed in this State shall be filed with the receiver, whether domiciliary or ancillary, in this State, on or before the last date for filing as specified in this chapter.
[PL 1969, c. 132, §1 (NEW).]
3.
Within 10 days of the receipt of any claim, or within such further period as the court may fix for good cause shown, the receiver shall report the claim to the court, specifying in such report the receiver's recommendation with respect to the action to be taken thereon. Upon receipt of such report, the court shall fix a time for hearing the claim and shall direct that the claimant or the receiver, as the court specifies, must give such notice as the court determines to such persons as appear to the court to be interested therein. All such notices must specify the time and place of the hearing and must concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.
[RR 2021, c. 1, Pt. B, §366 (COR).]
4.
At the hearing, all persons interested shall be entitled to appear and the court shall enter an order allowing, allowing in part, or disallowing the claim. Any such order shall be deemed to be an appealable order.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§365, 366 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4369. Attachment and garnishment of assets

§4369. Attachment and garnishment of assets
During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this State against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding.   [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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4370. Limitations on appointment of receiver; action by judgment creditor

§4370. Limitations on appointment of receiver; action by judgment creditor
No order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any insurer or for the appointment of a temporary or permanent receiver of a domestic insurer shall be made or granted otherwise than upon the petition of the superintendent represented by the Attorney General as provided in this chapter.   [PL 1973, c. 585, §12 (AMD).]
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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4371. Deposit of money

§4371. Deposit of money
The money collected by the superintendent in a proceeding under this chapter must be from time to time deposited in one or more state or national banks, savings banks or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary that is an institution organized and supervised under the laws of this State, such deposits are entitled to priority of payment on an equality with any other priority given by the banking laws of this State. The superintendent may in the superintendent's discretion deposit such money or any part thereof in a national bank or trust company as a trust fund.   [RR 2021, c. 1, Pt. B, §367 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §367 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4372. Exemption from fees

§4372. Exemption from fees
The superintendent may not be required to pay any fee to any public officer in this State for service of process, filing, recording, issuing a transcript or certificate or authenticating any paper or instrument pertaining to the exercise by the superintendent of any of the powers or duties conferred upon the superintendent under this chapter, whether or not such paper or instrument be executed by the superintendent or the superintendent's deputies, employees or attorneys of record and whether or not it is connected with the commencement of any action or proceeding by or against the superintendent, or with the subsequent conduct of such action or proceeding.   [RR 2021, c. 1, Pt. B, §368 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §368 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4373. Escrowing on pledge of assets

§4373. Escrowing on pledge of assets
For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter, the superintendent may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or other evidences of indebtedness therefor and secure the repayment of the same by the mortgage, pledge, assignment, transfer in trust, or hypothecation of any or all of the property, whether real, personal or mixed, of such insurer, and the superintendent subject to the approval of the court has power to take any and all other action necessary and proper to consummate any such loan and to provide for the repayment thereof. The superintendent is under no obligation personally or in the superintendent's official capacity to repay any loan made pursuant to this section.   [RR 2021, c. 1, Pt. B, §369 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §369 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4374. Termination of rehabilitation

§4374. Termination of rehabilitation
If at any time the court finds, after hearing in open court, upon petition of the superintendent or of the insurer or of the court's own motion, that the objectives of an order to rehabilitate a domestic insurer or an alien insurer domiciled in this State have been accomplished, and that the insurer can be returned to its own management without further jeopardy to the insurer and its creditors or policyholders or stockholders or to the public, the court may, upon a full report and accounting by the superintendent relative to the conduct of the insurer's affairs during the rehabilitation and of the insurer's current financial condition, terminate the rehabilitation and by order return the insurer, its assets and affairs, to the insurer's management.   [RR 2021, c. 1, Pt. B, §370 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §370 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4375. Prohibited and voidable transfers, liens (REPEALED)

§4375. Prohibited and voidable transfers, liens
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §30 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4376. Date rights fixed on liquidation

§4376. Date rights fixed on liquidation
The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, subject to this chapter with respect to the rights of claimants holding contingent claims.   [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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4377. Time to file claims

§4377. Time to file claims
1.
If upon the entry of an order of liquidation under this chapter or at any time thereafter during liquidation proceedings the insurer is not clearly solvent, the court shall, upon hearing after such notice as it deems proper, make and enter an order adjudging the insurer to be solvent.
[PL 1969, c. 132, §1 (NEW).]
2.
After the entry of the order of insolvency, regardless of any prior notice that may have been given to creditors, the superintendent shall notify all persons who may have claims against the insurer to file such claims with him, at a place and within the time specified in the notice, or that such claims shall be forever barred. The time specified in the notice shall be as fixed by the court for filing of claims and which shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court.
[PL 1973, c. 585, §12 (AMD).]
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 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4378. Allowance of contingent and other claims

§4378. Allowance of contingent and other claims
1.
No contingent claim shall share in a distribution of assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to section 4377, except that such claims shall be considered, if properly presented, and may be allowed to share where:
A. The claim becomes absolute against the insurer on or before the last day fixed for filing of proofs of claim against the assets of the insurer, or   [PL 1969, c. 132, §1 (NEW).]
B. There is a surplus and the liquidation is thereafter conducted upon the basis that the insurer is solvent.   [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
2.
Where an insurer has been so adjudicated to be insolvent, any person who has a cause of action against an insured of the insurer, shall have the right to file a claim in the liquidation proceeding, regardless of the fact that the claim may be contingent, and the claim may be allowed:
A. If it may be reasonably inferred from the proof presented upon the claim that such person would be able to obtain a judgment upon such cause of action against such insured; and   [PL 1969, c. 132, §1 (NEW).]
B. If such person furnishes suitable proof, unless the court for good cause shown otherwise directs, that no further valid claims against the insurer arising out of the person's cause of action other than those already presented can be made; and   [RR 2021, c. 1, Pt. B, §371 (COR).]
C. If the total liability of the insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation.   [PL 1969, c. 132, §1 (NEW).]
[RR 2021, c. 1, Pt. B, §371 (COR).]
3.
No judgment against such an insurer, referred to in subsection 2, taken after the date of the entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, inquest or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceeding either of the liability of the insured to such person upon such cause of action or of the amount of damages to which such person is therein entitled.
[PL 1969, c. 132, §1 (NEW).]
4.
A claim of any secured claimant may not be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for the fixation of rights and liabilities as provided in section 4376 unless the claimant surrenders the claimant's security to the liquidator and in which event the claim must be allowed in the full amount for which it is valued.
[RR 2021, c. 1, Pt. B, §372 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§371, 372 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4380. Subordination of claims for noncooperation

§4380. Subordination of claims for noncooperation
If an ancillary receiver, by whatever name called, in another state or foreign country fails to transfer to the domiciliary liquidator in this State any assets within the ancillary receiver's control other than special deposits, diminished only by the expenses, if any, of the ancillary receivership, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, must be placed in the class of claims under section 4379, subsection 8.   [RR 2021, c. 1, Pt. B, §374 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §374 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 57: DELINQUENT INSURERS › Subchapter 1: REHABILITATION AND LIQUIDATION › 24-A §4381. Offsets

§4381. Offsets
1.
In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, credits and debts must be set off and the balance only allowed or paid, except as provided in subsection 2.
[PL 2023, c. 405, Pt. A, §94 (AMD).]
2.
An offset is not allowed in favor of a person if:
A. The obligation of the insurer to the person would not at the date of the entry of any liquidation order or otherwise, as provided in section 4376, entitle the person to share as a claimant in the assets of the insurer;   [PL 2023, c. 405, Pt. A, §94 (AMD).]
B. The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or   [PL 2023, c. 405, Pt. A, §94 (AMD).]
C. The obligation of the person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.   [PL 2023, c. 405, Pt. A, §94 (AMD).]
[PL 2023, c. 405, Pt. A, §94 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §375 (COR). PL 2023, c. 405, Pt. A, §94 (AMD).