reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3617. Assessment -- court review; adjustment of claims where no assessment made

§3617. Assessment -- court review; adjustment of claims where no assessment made
1.
Whenever the directors of a mutual assessment insurer make an assessment or call on its members for money, or by vote determine that there exists a necessity for such assessment or call, they, or any person interested in the insurer as an officer, policyholder or creditor, may file in the Superior Court in any county, a complaint praying the court to examine the assessment or call or to determine the necessity therefor and all matters connected therewith, and to ratify, amend or annul the assessment or call or to order that the same be made as law and justice may require.
[PL 1969, c. 132, §1 (NEW).]
2.
The decision on such complaint, when filed by any party except the insurer, or a receiver, or the superintendent, shall rest in the discretion of the court.
[PL 1973, c. 585, §12 (AMD).]
3.
Whenever the directors unreasonably neglect to make an assessment or call to satisfy an admitted or ascertained claim upon the insurer, any judgment creditor, or any person holding such admitted or ascertained claim, or the superintendent may make the application. Upon such application, if made by the directors, or upon order of court if made by application of any other party, the directors shall set forth the claims against the insurer, its assets and all other facts and particulars appertaining to the matter.
[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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3618. -- order of notice to parties interested, and proceedings

§3618. -- order of notice to parties interested, and proceedings
The court before which the complaint described in section 3617 is filed shall order notice to all parties interested, by publication or otherwise. Upon the return thereof, the court shall proceed to examine the assessment or call, the necessity therefor and all matters connected therewith. Any parties interested may appear and be heard thereon, and all questions that may arise shall be heard and determined as in other civil actions in which equitable relief is sought. The court may refer the apportionment or calculation to any competent person, and upon the examination may ratify, amend or annul the assessment or call, or order one to be made. In case the assessment or call is altered or amended, or one is ordered, the directors shall forthwith proceed to vote the same in legal form and the record of such vote shall be set forth in a supplemental answer.   [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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3619. Proceedings before master or auditor

§3619. Proceedings before master or auditor
Whenever the court appoints a master or auditor to make the apportionment or calculation for an assessment, such master or auditor shall appoint a time and place to hear all parties interested in the assessment or call, and shall give personal notice thereof, in writing, to the superintendent, and through the post office or in such other manner as the court directs, so far as the master or auditor is able, to all persons liable upon the assessment or call. The auditor or master shall hear the parties and make report to the court of all the master's or auditor's doings respecting such assessment or call and all matters connected therewith, and all parties interested in such report or assessment have a right to be heard by the court respecting the same, in the same manner as is provided.   [RR 2021, c. 1, Pt. B, §310 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §310 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3620. -- when assessment final; costs; control of funds and payment of assessments

§3620. -- when assessment final; costs; control of funds and payment of assessments
1.
When an assessment or call has been ratified, ascertained or established as provided for in sections 3617 to 3619, a decree shall be entered which shall be final and conclusive upon the insurer and all parties liable to the assessment or call as to the necessity of the same, the authority of the insurer to make or collect it, the amount thereof and all formalities connected therewith. Where an assessment or call is altered or amended by vote of directors and decree of the court thereon, such amended or altered assessment or call is binding upon all parties who would have been liable under it as originally made, and in all legal proceedings shall be held to be such original assessment or call.
[PL 1969, c. 132, §1 (NEW).]
2.
All proceedings shall be at the cost of the insurer, unless the court for cause otherwise orders.
[PL 1969, c. 132, §1 (NEW).]
3.
In all cases the court may control the disposal of the funds collected under these proceedings, and may issue all necessary processes to enforce the payment of such assessments against all persons liable therefor.
[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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3621. -- assessment not sufficient; collection stayed by court

§3621. -- assessment not sufficient; collection stayed by court
Whenever it shall appear to the court before which the complaint provided for in section 3617 is pending, that the net proceeds of any assessment or call will not be sufficient to furnish substantial relief to those having claims against the insurer, it may decree that no assessment shall be collected. When, on application of the superintendent or any person interested, the court is of opinion that further attempts to collect an assessment then partially collected will not benefit those having claims against the insurer, it may stay its further collection.   [PL 1973, c. 585, §12 (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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3622. Nonassessable policies; assessable, nonassessable liability

§3622. Nonassessable policies; assessable, nonassessable liability
1.
A mutual insurer heretofore formed and transacting insurance under this chapter may issue nonassessable advance cash premium policies in this State upon compliance with either of the following requirements:
A. Surplus. The insurer shall have and maintain a surplus to policyholders, as determined by its last annual statement filed with the superintendent, of not less than $100,000, or   [PL 1973, c. 585, §12 (AMD).]
B. Surplus and unearned premium reserve. The insurer shall have and maintain a surplus to policyholders, as determined by its latest annual statement filed with the superintendent, of not less than $75,000, provided its unearned premium reserve is at all times less than its surplus to policyholders.   [PL 1973, c. 585, §12 (AMD).]
[PL 1973, c. 585, §12 (AMD).]
2.
If such an insurer, after qualifying to issue a nonassessable cash premium policy, fails to maintain one of the above requirements it shall cease to issue a nonassessable policy until it has again met and maintained the requirements for a period of one year.
[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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3623. Limit of risk

§3623. Limit of risk
1.
Except as provided in section 3607, subsection 1, an insurer shall not retain liability as to any one risk in an amount exceeding 10% of its surplus and in addition 8% of the amount at any time due on its premium notes.
[PL 1975, c. 124 (AMD).]
2.
Valid reinsurance ceded by the insurer and then in force shall be deducted from the gross risk assumed in determining net risk retained.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1975, c. 124 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3624. Unearned premium reserve

§3624. Unearned premium reserve
An insurer which collects a cash premium or advance assessment shall maintain an unearned premium reserve equal to 50% of the cash premium or advance assessment on its policies in force.   [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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3625. Directors' residence, compensation

§3625. Directors' residence, compensation
1.
A majority of the board of directors of the insurer shall be residents of, and actually reside in, this State.
[PL 1969, c. 132, §1 (NEW).]
2.
The salary or compensation for services of the directors of the insurer shall be fixed by the policyholders at their annual meeting.
[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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3626. Annual statement by directors

§3626. Annual statement by directors
The directors of every insurer shall cause a detailed account of its expenses for the year preceding, the amount of property actually insured at that time, the amount due on its premium notes and the amount of all debts due to and from the insurer to be laid before the policyholders at the annual meeting.   [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 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3627. Agents; liability

§3627. Agents; liability
Any person who solicits insurance on behalf of any insurer or transmits for a person other than the person soliciting the insurance an application for, or a policy of, insurance to or from such insurer, or in any manner acts in the negotiation of such insurance, or in the inspection or valuation of the property insured must be deemed the agent of the insurer, and except as otherwise provided, is liable to all the duties, requirements, liabilities and penalties to which an agent of any insurer is subject.   [RR 2021, c. 1, Pt. B, §311 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §311 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 51: DOMESTIC MUTUAL ASSESSMENT INSURERS › 24-A §3628. Agents -- licensing

§3628. Agents -- licensing
All agents of insurers subject to this chapter are subject to the applicable requirements of chapter 16, except that:   [PL 1997, c. 457, §45 (AMD); PL 1997, c. 457, §55 (AFF).]
1.
No personal examination shall be required of the applicant and no examination fee shall be charged, as to an applicant for a license as an agent of an insurer writing insurance solely on the assessment plan, if on January 1, 1970 the applicant was also a director or officer of such insurer;
[PL 1973, c. 625, §151 (AMD).]
2.
No fee shall be required by the superintendent for license as resident agent issued to any individual referred to in subsection 1, as agent of such an insurer.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1973, c. 625, §151 (AMD). PL 1997, c. 457, §45 (AMD). PL 1997, c. 457, §55 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3701. Purpose

§3701. Purpose
The Maine Employers' Mutual Insurance Company is established for the purposes of providing workers' compensation insurance and employers' liability insurance incidental to and written in connection with workers' compensation coverage to employers of this State at the highest level of service and savings consistent with reasonable applicable actuarial standards and the sound financial integrity of the company. It is also the purpose of the company to encourage employer involvement and to be responsive to employer experience and advice.   [PL 2001, c. 350, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 615, §D1 (NEW). PL 1991, c. 885, §C1 (AMD). PL 1997, c. 661, §1 (AMD). PL 2001, c. 350, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3702. Definitions

§3702. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 615, Pt. D, §1 (NEW).]
1.  Board.
"Board" means the Board of Directors of the Maine Employers' Mutual Insurance Company.
[PL 1991, c. 615, Pt. D, §1 (NEW).]
2.  Company.
"Company" means the Maine Employers' Mutual Insurance Company created in section 3703.
[PL 1991, c. 615, Pt. D, §1 (NEW).]
3.  Division.
[PL 2001, c. 350, §2 (RP).]
3-A.  Maine-based employer.
"Maine-based employer" means an employer with a principal place of business located in this State.
[PL 1995, c. 551, §3 (NEW).]
4.  Superintendent.
"Superintendent" means the Superintendent of Insurance.
[PL 1991, c. 885, Pt. C, §2 (NEW).]
5.  Voluntary market.
"Voluntary market" means the workers' compensation insurance market in which insurance companies voluntarily offer coverage to applicants who meet the insurers' underwriting standards or guidelines.
[PL 1991, c. 885, Pt. C, §2 (NEW).]
6.  Workers' compensation residual market mechanism.
"Workers' compensation residual market mechanism" means the instrument to provide coverage to employers not able to obtain coverage in the voluntary market that immediately preceded the Maine Employers' Mutual Insurance Company.
[PL 2001, c. 350, §3 (AMD).]
SECTION HISTORY
PL 1991, c. 615, §D1 (NEW). PL 1991, c. 885, §C2 (AMD). PL 1995, c. 551, §3 (AMD). PL 1997, c. 661, §2 (AMD). PL 2001, c. 350, §§2,3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3704. Prerequisites to operations (REPEALED)

§3704. Prerequisites to operations
(REPEALED)
SECTION HISTORY
PL 1991, c. 615, §D1 (NEW). PL 1991, c. 885, §C4 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3704-A. Initial funding and operation (REPEALED)

§3704-A. Initial funding and operation
(REPEALED)
SECTION HISTORY
PL 1991, c. 885, §C5 (NEW). PL 1997, c. 661, §7 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3705. Nonstate agency

§3705. Nonstate agency
The company is not considered a state agency or instrumentality of the State for any purpose. The company is not and may never be supported in any way by the State's General Fund or any guaranty by the State, any state agency or a division of the State. The State may not borrow or otherwise appropriate funds from the company.   [PL 1991, c. 885, Pt. C, §6 (AMD).]
SECTION HISTORY
PL 1991, c. 615, §D1 (NEW). PL 1991, c. 885, §C6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3706. Reports and information

§3706. Reports and information
1.  Annual report.
In addition to any other reports required by this Title, the board shall submit an annual report to the Governor and the joint standing committee of the Legislature having jurisdiction over insurance matters indicating the business done by the company during the previous year and containing a statement of the resources and liabilities of the fund and any other information considered appropriate by the board. The report must contain, at a minimum, a summary of the latest annual statement required to be filed with the superintendent prepared in accordance with statutory accounting principles.
[PL 1991, c. 885, Pt. C, §7 (AMD).]
2.  Statistical and actuarial data.
The company shall compile and maintain statistical and actuarial data related to the determination of proper premium rate levels, the incidence of work-related injuries, costs related to those injuries and any other data that the company considers desirable. The company shall provide this data to the Superintendent of Insurance, the Executive Director of the Workers' Compensation Board and the Department of Labor annually and upon request.
[PL 2003, c. 608, §3 (AMD).]
SECTION HISTORY
PL 1991, c. 615, §D1 (NEW). PL 1991, c. 885, §C7 (AMD). PL 1991, c. 885, §D2 (AMD). PL 2003, c. 608, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3707. Powers of the board

§3707. Powers of the board
The board has full power, authority and jurisdiction over the company.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
1.  General authority.
The board may perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the company, either in the administration of the company or in connection with the business of the company to fulfill the purposes of this chapter.
[PL 1997, c. 661, §8 (AMD).]
2.  Standard of performance.
The board shall discharge its duties with the care, skill, prudence, and diligence as that of prudent directors acting in a similar enterprise and purpose.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
3.  Personal liability.
The members of the board and officers or employees of the company are not liable personally, either jointly severally, for any debt or obligation created or incurred by the company.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
4.  President.
The board shall appoint a president who shall serve as chief executive officer and may appoint other executive officers as it determines necessary.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
5.  Investment managers.
The board shall appoint investment managers to oversee and manage the investment of assets of the corporation in a manner that safeguards the value of those assets and maximizes investment return commensurate with risk and liquidity restrictions contained in chapter 13.
A. An investment manager appointed by the board is subject to standards applicable to fiduciaries responsible for safeguarding assets of such a corporation. The investment manager must be appointed pursuant to a contract in writing that clearly establishes the fiduciary nature of the relationship of the fiduciary to the company.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
B. The board shall set investment policy for the investment managers of the company through an investment committee composed of not less than 3 members nor more than 5 members of the board. Transactions in the sale or purchase of securities by an investment manager may be in a nominee name as designated by the board. Authority to acquire or sell securities for the company must be conveyed to the investment manager in writing by the investment committee.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
C. In any agreement empowering the investment managers to act for or on behalf of the company, there must be provisions for periodic reporting by the managers respecting investments held in the name of the company, the yield received on such investments and any principal cash balances held by depositories or the investment managers.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
D. Securities and property of the corporation must be held in a manner consistent with the requirements for mutual insurance companies set forth in this Title.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
[PL 1991, c. 885, Pt. C, §8 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW). PL 1997, c. 661, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3708. General powers

§3708. General powers
1.  Powers.
For the specific purpose of exercising the responsibilities granted in this chapter and effectuating the purposes of this chapter, the company has the powers otherwise granted to a casualty insurer and may:
A. Hire employees or enter into contracts relating to the administration of a workers' compensation insurer;   [PL 1991, c. 885, Pt. C, §8 (NEW).]
B. Declare a dividend when there is an excess of assets over liabilities and surplus requirements established in this Title; and   [PL 1991, c. 885, Pt. C, §8 (NEW).]
C. Enter into agreements to reinsure all or part of the company's exposure to loss and to otherwise limit the risk to the company and manage its financial condition.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
[PL 1991, c. 885, Pt. C, §8 (NEW).]
2.  Assessments; plan of operation.
The board shall:
A. Assess policyholders to cover its expenses, claims, obligations and other funding needs consistent with this chapter and Title; and   [PL 1991, c. 885, Pt. C, §8 (NEW).]
B. Develop and file with the superintendent for review and approval a plan of operation and any amendments to a plan of operation necessary or suitable to ensure the fair, reasonable and equitable administration of the company.   [PL 1991, c. 885, Pt. C, §8 (NEW).]
[PL 1991, c. 885, Pt. C, §8 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3709. President and chief executive officer

§3709. President and chief executive officer
1.  Appointment.
The board shall appoint a president who shall serve as chief executive officer and who is responsible for the operation of the company. The president must be qualified by education and experience to manage an organization with financial and operational obligations to its policyholders and claimants.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
2.  Term.
The president serves at the will of the board.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
3.  Compensation.
The president is entitled to compensation as established by the board and is subject to any reasonable requirements, including bonding, established by the board.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
4.  Board member.
The president is a member of the board, but may not be the chair of the board.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
5.  Duties.
The board, as part of its plan of operation, shall designate the powers and duties of the president. The president may, with direction from the board, assist in the development of the plan of operation and other start-up functions.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3710. Funding; surplus

§3710. Funding; surplus
1.  Initial funding.
[PL 1997, c. 661, §9 (RP).]
2.  Ongoing funding.
The company:
A.   [PL 2001, c. 350, §4 (RP).]
B. May assess its policyholders for additional funds to meet operating needs or as required by law; and   [PL 1995, c. 551, §5 (AMD).]
C. May provide premium payment plans and premium financing programs.   [PL 2001, c. 350, §4 (AMD).]
[PL 2001, c. 350, §4 (AMD).]
3.  Transition surplus, premium levels.
[PL 2001, c. 350, §4 (RP).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW). PL 1995, c. 551, §§5,6 (AMD). PL 1997, c. 661, §9 (AMD). PL 2001, c. 350, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3711. Operation of the company

§3711. Operation of the company
1.  Coverage availability.
On or after January 1, 1993, the company shall provide workers' compensation and incidental employers' liability coverage to employers otherwise entitled to coverage, but not able to or not electing to purchase coverage in the voluntary insurance market, and not authorized, either individually or as part of a group, to self-insure. An authorized self-insured is eligible for coverage upon termination of self-insurance.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
2.  Federal coverage.
The board shall authorize the availability of federal workers' compensation coverage under the Longshore and Harbor Workers' Compensation Act, 33 United States Code, Section 901, et seq., the Defense Base Act, 42 United States Code, Section 1651, et seq., the Federal Employers Liability Act, 45 United States Code, Section 51, et seq., and any federal maritime or admiralty coverage. The board is authorized to make available Outer Continental Shelf Lands Act, 43 United States Code, Section 1331, et seq., coverage, Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986, 5 United States Code, Section 8171, et seq., coverage, and any other coverages by special endorsements that may be required of an insured by contract or other needs.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
3.  Coverage denial.
The company shall deny coverage to any employer who owes undisputed premiums to a previous workers' compensation carrier or to the workers' compensation residual market mechanism, or fails to comply with reasonable safety requirements the company is legally authorized to establish.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3712. Divisions (REPEALED)

§3712. Divisions
(REPEALED)
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW). RR 1993, c. 1, §65 (COR). PL 1995, c. 560, §G9 (AMD). PL 1997, c. 661, §10 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3712-A. Divisions (REPEALED)

§3712-A. Divisions
(REPEALED)
SECTION HISTORY
PL 1997, c. 661, §11 (NEW). PL 2001, c. 350, §5 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3713. Authority to contract with licensed producers

§3713. Authority to contract with licensed producers
The company may contract with licensed producers to submit applications and otherwise assist applicants and insureds.   [PL 1997, c. 661, §12 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW). PL 1997, c. 661, §12 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 52: MAINE EMPLOYERS' MUTUAL INSURANCE COMPANY › 24-A §3714. Accounting; assessments

§3714. Accounting; assessments
The following provisions apply to the financial operation of the company.   [PL 2001, c. 350, §6 (AMD).]
1.  Separate accounting.
[PL 2001, c. 350, §7 (RP).]
2.  Rates.
Rates developed and filed by the company must be in accordance with chapter 25, subchapter II‑B.
Rates filed within the rate-band are considered voluntary for purposes of chapter 25, subchapter II‑B. If a rate is filed outside the rate band, the superintendent may disapprove the rate if it is excessive, inadequate or unfairly discriminatory, using the standards set forth in section 2382.
"Rate band" means the range of rates from 85% to 145% of the benchmark rate. For the purposes of this subsection, "benchmark rate" is the pure premium rate filing filed by the State's advisory organization as defined in section 2381‑C and currently approved by the superintendent.
[PL 1997, c. 661, §13 (AMD).]
3.  Deficit.
[PL 2001, c. 350, §8 (RP).]
4.  Surplus.
The surplus of the company is indivisible and is available for the benefit of all policyholders once certified by the superintendent.
[PL 1991, c. 885, Pt. C, §8 (NEW).]
5.  Assessment.
Any assessment levied against policyholders is for the exclusive benefit of the policyholders subject to the assessment. Any policyholder not paying an undisputed assessment is not eligible for coverage from the company or in the voluntary market.
[PL 1997, c. 661, §13 (AMD).]
6.  Deficits in the high-risk division.
[PL 2001, c. 350, §9 (RP).]
7.  High-risk program.
[PL 2017, c. 15, §1 (RP).]
8.  Filing of retrospective rating plans.
The board may file with the superintendent retrospective rating plans that, after hearing, may be imposed on an employer with a demonstrated record of repeated serious violations of workplace health and safety rules and regulations such as those adopted under Title 26, chapter 6 or 29 United States Code, Chapter 15, whichever is applicable.
[PL 2017, c. 15, §2 (NEW).]
9.  Availability of retrospective rating plans.
The board shall develop and file with the superintendent and, if not disapproved by the superintendent, make available to policyholders on a voluntary basis retrospective rating plans.
[PL 2017, c. 15, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §C8 (NEW). RR 1993, c. 1, §66 (COR). PL 1997, c. 661, §13 (AMD). PL 2001, c. 350, §§6-10 (AMD). PL 2017, c. 15, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3851. "Reciprocal" insurance defined

§3851. "Reciprocal" insurance defined
"Reciprocal" insurance is that resulting from an interchange among persons, known as "subscribers," of reciprocal agreements of indemnity, the interchange being effectuated through an "attorney-in-fact" common to all such persons.   [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 53: RECIPROCAL INSURERS › 24-A §3852. Scope of chapter -- existing insurers

§3852. Scope of chapter -- existing insurers
1.
All authorized reciprocal insurers shall be governed by those sections of this chapter not expressly made applicable to domestic reciprocals.
[PL 1969, c. 132, §1 (NEW).]
2.
Existing authorized reciprocal insurers shall after January 1, 1970 comply with this chapter, and shall make such amendments to their subscribers' agreement, power of attorney, policies and other documents and accounts and perform such other acts as may be required for such compliance.
[PL 1973, c. 625, §152 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 625, §152 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3853. Insuring powers of reciprocals

§3853. Insuring powers of reciprocals
1.
A reciprocal insurer may, upon qualifying therefore as provided for by this Title, transact any kind or kinds of insurance defined by this Title, other than life or title insurances.
[PL 1969, c. 132, §1 (NEW).]
2.
Such an insurer may purchase reinsurance upon the risk of any subscriber, and may grant reinsurance as to any kind of insurance it is authorized to transact direct.
[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 53: RECIPROCAL INSURERS › 24-A §3854. Name; suits

§3854. Name; suits
A reciprocal insurer shall:   [PL 1969, c. 132, §1 (NEW).]
1.
Have and use a business name. The name shall include the word "reciprocal," or "interinsurer," or "interinsurance," or "exchange," or "underwriters," or "underwriting" or "association."
[PL 1969, c. 132, §1 (NEW).]
2.
Sue and be sued in its own name.
[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 53: RECIPROCAL INSURERS › 24-A §3855. Attorney

§3855. Attorney
1.
"Attorney", as used in this chapter, refers to the attorney-in-fact of a reciprocal insurer. The attorney may be an individual, firm or corporation.
[PL 1969, c. 132, §1 (NEW).]
2.
The attorney of a foreign reciprocal insurer, which insurer is duly authorized to transact insurance in this State, shall not, by virtue of discharge of its duties as such attorney with respect to the insurer's transactions in this State, be thereby deemed to be doing business in this State within the meaning of any laws of this State applying to foreign persons, firms or corporations.
[PL 1969, c. 132, §1 (NEW).]
3.
The subscribers and the attorney-in-fact comprise a reciprocal insurer and a single entity for the purposes of chapter 7 as to all operations under the insurer's certificate of authority.
[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 53: RECIPROCAL INSURERS › 24-A §3856. Organization of reciprocal insurer

§3856. Organization of reciprocal insurer
1.
Twenty-five or more persons domiciled in this State may organize a domestic reciprocal insurer and make application to the superintendent for a certificate of authority to transact insurance.
[PL 1973, c. 585, §12 (AMD).]
2.
The proposed attorney shall fulfill the requirements of and shall execute and file with the superintendent when applying for a certificate of authority, a declaration setting forth:
A. The name of the insurer;   [PL 1969, c. 132, §1 (NEW).]
B. The location of the insurer's principal office, which shall be the same as that of the attorney and shall be maintained within this State;   [PL 1969, c. 132, §1 (NEW).]
C. The kinds of insurance proposed to be transacted;   [PL 1969, c. 132, §1 (NEW).]
D. The names and addresses of the original subscribers;   [PL 1969, c. 132, §1 (NEW).]
E. The designation and appointment of the proposed attorney and a copy of the power of attorney;   [PL 1969, c. 132, §1 (NEW).]
F. The names and addresses of the officers and directors of the attorney, if a corporation, or its members if a firm;   [PL 1969, c. 132, §1 (NEW).]
G. The powers of the subscribers' advisory committee; and the names and terms of office of the members thereof;   [PL 1969, c. 132, §1 (NEW).]
H. That all moneys paid to the reciprocal shall, after deducting therefrom any sum payable to the attorney, be held in the name of the insurer and for the purposes specified in the subscribers' agreement;   [PL 1969, c. 132, §1 (NEW).]
I. A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted, and that the insurer has received from each such subscriber the full premium or premium deposit required for the policy applied for, for a term of not less than 6 months at an adequate rate theretofore filed with and approved by the superintendent;   [PL 1973, c. 625, §12 (AMD).]
J. A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required by section 410 is on hand; and   [PL 1969, c. 132, §1 (NEW).]
K. A copy of each policy, endorsement and application form it then proposes to issue or use.   [PL 1969, c. 132, §1 (NEW).]
[PL 1973, c. 585, §12 (AMD).]
The declaration shall be acknowledged by the attorney in the manner required for the acknowledgment of deeds.   [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 53: RECIPROCAL INSURERS › 24-A §3857. Certificate of authority

§3857. Certificate of authority
1.
The certificate of authority of a reciprocal insurer shall be issued to its attorney in the name of the insurer.
[PL 1969, c. 132, §1 (NEW).]
2.
The superintendent may refuse to grant a certificate of authority, and may file a complaint with the District Court seeking suspension or revocation of a certificate of authority, for failure of the attorney to comply with any applicable provision of this Title, in addition to other grounds for those sanctions.
[PL 1977, c. 694, §429 (RPR); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §429 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3858. Power of attorney

§3858. Power of attorney
1.
The rights and powers of the attorney of a reciprocal insurer shall be as provided in the power of attorney given it by the subscribers.
[PL 1969, c. 132, §1 (NEW).]
2.
The power of attorney must set forth:
A. The powers of the attorney;   [PL 1969, c. 132, §1 (NEW).]
B. If a domestic reciprocal insurer, that the attorney is empowered to accept service of process on behalf of the insurer in actions against the insurer upon contracts exchanged;   [PL 1969, c. 132, §1 (NEW).]
C. The general services to be performed by the attorney;   [PL 1969, c. 132, §1 (NEW).]
D. The maximum amount to be deducted from advance premiums or deposits to be paid to the attorney and the general items of expense in addition to losses, to be paid by the insurer; and   [PL 1969, c. 132, §1 (NEW).]
E. Except as to nonassessable policies, a provision for a contingent several liability of each subscriber in a specified amount which amount shall be not less than one nor more than 10 times the premium or premium deposit stated in the policy.   [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
3.
The power of attorney may:
A. Provide for the right of substitution of the attorney and revocation of the power of attorney and rights thereunder;   [PL 1969, c. 132, §1 (NEW).]
B. Impose such restrictions upon the exercise of the power as are agreed upon by the subscribers;   [PL 1969, c. 132, §1 (NEW).]
C. Provide for the exercise of any right reserved to the subscribers directly or through their advisory committee; and   [PL 1969, c. 132, §1 (NEW).]
D. Contain other lawful provisions deemed advisable.   [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
4.
The terms of any power of attorney or agreement collateral thereto shall be reasonable and equitable, and no such power or agreement shall be used or be effective in this State until approved by the superintendent.
[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 53: RECIPROCAL INSURERS › 24-A §3859. Modifications

§3859. Modifications
Modifications of the terms of the subscribers' agreement or of the power of attorney of a domestic reciprocal insurer shall be made jointly by the attorney and the subscribers' advisory committee. No such modification shall be effective retroactively, nor as to any insurance contract issued prior thereto.   [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 53: RECIPROCAL INSURERS › 24-A §3860. Attorney's bond

§3860. Attorney's bond
1.
Concurrently with the filing of the declaration provided for in section 3856, the attorney of a domestic reciprocal insurer shall file with the superintendent a bond in favor of this State for the benefit of all persons damaged as a result of breach by the attorney of the conditions of attorney's bond as set forth in subsection 2. The bond must be executed by the attorney and by an authorized corporate surety, and is subject to the superintendent's approval.
[RR 2021, c. 1, Pt. B, §312 (COR).]
2.
The bond must be in the penal sum of $25,000, aggregate in form, conditioned that the attorney will faithfully account for all moneys and other property of the insurer coming into the attorney's hands, and that the attorney will not withdraw or appropriate to the attorney's own use from the funds of the insurer, any moneys or property to which the attorney is not entitled under the power of attorney.
[RR 2021, c. 1, Pt. B, §313 (COR).]
3.
The bond shall provide that it is not subject to cancellation unless 30 days' advance notice in writing of cancellation is given both the attorney and the superintendent.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §§312, 313 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3861. Deposit in lieu of bond

§3861. Deposit in lieu of bond
In lieu of the bond required under section 3860, the attorney may maintain on deposit with the Treasurer of State through the office of the superintendent, a like amount in cash or in value of securities qualified under this Title as insurers' investments, and subject to the same conditions as the bond.   [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 53: RECIPROCAL INSURERS › 24-A §3862. Action on bond

§3862. Action on bond
Action on the attorney's bond or to recover against any such deposit made in lieu thereof may be brought at any time by one or more subscribers suffering loss through a violation of its conditions, or by a receiver or liquidator of the insurer. Amounts recovered on the bond shall be deposited in and become part of the insurer's funds. The total aggregate liability of the surety shall be limited to the amount of the penalty of such bond.   [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 53: RECIPROCAL INSURERS › 24-A §3863. Service of process; judgment

§3863. Service of process; judgment
1.
Legal process must be served upon a domestic reciprocal insurer by serving the insurer's attorney at that attorney's principal offices.
[PL 1997, c. 457, §47 (AMD).]
2.
Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear, but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each such subscriber.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1997, c. 457, §47 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3864. Contributions to insurer

§3864. Contributions to insurer
The attorney or other parties may advance to a domestic reciprocal insurer upon reasonable terms such funds as it may require from time to time in its operations. Sums so advanced shall not be treated as a liability of the insurer, and, except upon liquidation of the insurer, shall not be withdrawn or repaid except out of the insurer's realized earned surplus in excess of its minimum required surplus. No such withdrawal or repayment shall be made without the advance approval of the superintendent. This section does not apply to bank loans, or to other loans made upon security.   [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 53: RECIPROCAL INSURERS › 24-A §3865. Financial conditions; method of determining

§3865. Financial conditions; method of determining
In determining the financial condition of a reciprocal insurer the superintendent shall apply the following rules:   [PL 1973, c. 585, §12 (AMD).]
1.
The superintendent shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis.
[RR 2021, c. 1, Pt. B, §314 (COR).]
2.
The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits delinquent for 90 days shall first be charged against such surplus deposit.
[PL 1969, c. 132, §1 (NEW).]
3.
The surplus deposits of subscribers shall not be charged as a liability.
[PL 1969, c. 132, §1 (NEW).]
4.
All premium deposits delinquent less than 90 days shall be allowed as assets.
[PL 1969, c. 132, §1 (NEW).]
5.
An assessment levied upon subscribers, and not collected, shall not be allowed as an asset.
[PL 1969, c. 132, §1 (NEW).]
6.
The contingent liability of subscribers shall not be allowed as an asset.
[PL 1969, c. 132, §1 (NEW).]
7.
The computation of reserves shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of the attorney.
[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, §314 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3866. Who may be subscribers

§3866. Who may be subscribers
Individuals, partnerships and corporations of this State may make application, enter into agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation now or hereafter organized under the laws of this State shall, in addition to the rights, powers, and franchises specified in its articles of incorporation, have full power and authority as a subscriber to exchange insurance contracts through such reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations. Government or governmental agencies, state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are herein authorized to exchange reciprocal interinsurance contracts. Any officer, representative, trustee, receiver or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon such contract by reason of acting in such representative capacity.   [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 53: RECIPROCAL INSURERS › 24-A §3867. Subscribers' advisory committee

§3867. Subscribers' advisory committee
1.
The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt.
[PL 1969, c. 132, §1 (NEW).]
2.
Not less than 2/3 of such committee shall be subscribers other than the attorney, or any person employed by, representing, or having a financial interest in the attorney.
[PL 1969, c. 132, §1 (NEW).]
3.
The committee shall:
A. Supervise the finances of the insurer;   [PL 1969, c. 132, §1 (NEW).]
B. Supervise the insurer's operations to such extent as to assure conformity with the subscribers' agreement and power of attorney;   [PL 1969, c. 132, §1 (NEW).]
C. Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and   [PL 1969, c. 132, §1 (NEW).]
D. Have such additional powers and functions as may be conferred by the subscribers' agreement.   [PL 1969, c. 132, §1 (NEW).]
[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 53: RECIPROCAL INSURERS › 24-A §3868. Subscribers' liability

§3868. Subscribers' liability
1.
The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint.
[PL 1969, c. 132, §1 (NEW).]
2.
Except as to a nonassessable policy, each subscriber has a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers' agreement, for payment of actual losses and expenses incurred while the subscriber's policy was in force. Such contingent liability may be at the rate of not less than one nor more than 10 times the premium or premium deposit stated in the policy, and the maximum aggregate thereof must be computed in the manner set forth in section 3872.
[RR 2021, c. 1, Pt. B, §315 (COR).]
3.
Each assessable policy issued by the insurer shall contain a statement of the contingent liability, set in type of the same prominence as the insuring clause.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §315 (COR).