reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2103. Unauthorized Insurers Process Act; title; interpretation

§2103. Unauthorized Insurers Process Act; title; interpretation
1.
Sections 2102 to 2108 constitute and may be cited as the Unauthorized Insurers Process Act.
[PL 1969, c. 177, §31 (AMD).]
2.
The Act shall be so interpreted as to effectuate its general purpose to make uniform the laws of those states which enact it.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §31 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2104. Superintendent process agent

§2104. Superintendent process agent
Solicitation, effectuation or delivery of any insurance contract, by mail or otherwise, within this State by an unauthorized insurer, or the performance within this State of any other service or transaction connected with such insurance by or on behalf of such insurer, is deemed to constitute an appointment by such insurer of the superintendent and the superintendent's successors in office as its attorney, upon whom may be served all lawful process issued within this State in any action or proceeding against such insurer arising out of any such contract or transaction; and is deemed to signify the insurer's agreement that any such service of process has the same legal effect and validity as personal service of process upon it in this State.   [RR 2021, c. 1, Pt. B, §202 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §202 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2106. Exemptions from service or process provisions

§2106. Exemptions from service or process provisions
Sections 2104 and 2105 shall not apply to surplus lines insurance lawfully effectuated under chapter 19, or to reinsurance, or to any action or proceeding against an unauthorized insurer arising out of any of the following where the policy or contract contains a provision designating the superintendent as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such policy, or where the insurer enters a general appearance in any such action:   [PL 1973, c. 585, §12 (AMD).]
1.
Wet marine and transportation insurance;
[PL 1969, c. 132, §1 (NEW).]
2.
Insurance on or with respect to subjects located, resident, or to be performed wholly outside this State, or on vehicles or aircraft owned and principally garaged outside this State;
[PL 1969, c. 132, §1 (NEW).]
3.
Insurance on property or operations of railroads engaged in interstate commerce; or
[PL 1969, c. 132, §1 (NEW).]
4.
Insurance on aircraft or cargo of such aircraft, or against liability, other than employer's liability, arising out of the ownership, maintenance, or use of such aircraft.
[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 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2107. Defense of action by unauthorized insurer

§2107. Defense of action by unauthorized insurer
1.
Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under sections 2104 and 2105, such insurer shall:
A. Procure a certificate of authority to transact insurance in this State; or   [PL 1969, c. 132, §1 (NEW).]
B. Deposit with the clerk of the court in which such action or proceeding is pending cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action. The court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding, and that the insurer will pay final judgment entered therein without requiring suit to be brought on such judgment in the state where such funds or securities are located.   [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
2.
The court in any action or proceeding in which service is made in the manner provided in section 2105 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection 1, and to defend such action.
[PL 1969, c. 132, §1 (NEW).]
3.
Nothing in subsection 1 is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in section 2105 on the ground either:
A. That such unauthorized insurer has not done any of the acts enumerated in section 2104; or   [PL 1969, c. 132, §1 (NEW).]
B. That the person on whom service was made pursuant to subsection 2 of section 2105 was not doing any of the acts therein enumerated.   [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 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2108. Attorney fees

§2108. Attorney fees
In any such action against an unauthorized insurer, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court shall allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action, and in no event shall such fee be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.   [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 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2109. Unauthorized Insurers False Advertising Process Act; title (REPEALED)

§2109. Unauthorized Insurers False Advertising Process Act; title
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1979, c. 541, §A163 (AMD). PL 1991, c. 298, §8 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2110. Notice to domiciliary supervisory official (REPEALED)

§2110. Notice to domiciliary supervisory official
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 298, §9 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2111. Action by superintendent (REPEALED)

§2111. Action by superintendent
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §32 (AMD). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §413 (AMD). PL 1991, c. 298, §10 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2113. Report and tax of independently procured coverages. (REPEALED)

§2113. Report and tax of independently procured coverages.
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §33 (AMD). PL 1973, c. 585, §12 (AMD). RR 2001, c. 2, §A39 (COR). PL 2011, c. 331, §8 (RP). PL 2011, c. 331, §§16, 17 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 21: UNAUTHORIZED INSURERS -- PROHIBITIONS, PROCESS AND ADVERTISING › 24-A §2114. Penalty

§2114. Penalty
Any person who in this State represents an unauthorized insurer in the transaction of business in this State in violation of law, shall, in addition to any other applicable penalty, be liable for the full amount of any loss sustained on any insurance contract made by or through him, directly or indirectly, and for any premium taxes which may become due under any law of this State by reason of such contract.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2151. Purpose

§2151. Purpose
The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945, Public Law 15, 79th Congress, by defining or providing for the determination of all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices, by defining or providing for the determination of all such practices in other states by residents of this State which constitute unfair methods of competition or unfair or deceptive acts or practices, and by prohibiting the trade practices so defined or determined.   [PL 1985, c. 648, §4 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1985, c. 648, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2151-A. Hearings

§2151-A. Hearings
All hearings held under this chapter shall be in accordance with the procedures set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV.   [PL 1977, c. 694, §414 (NEW).]
SECTION HISTORY
PL 1977, c. 694, §414 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2151-B. Rules

§2151-B. Rules
Subject to the applicable requirements and procedures of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, the superintendent may promulgate rules defining, limiting or prescribing acts and practices which are deemed to be in violation of this chapter.   [PL 1985, c. 648, §5 (NEW).]
SECTION HISTORY
PL 1985, c. 648, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2152. Unfair methods; deceptive acts prohibited

§2152. Unfair methods; deceptive acts prohibited
No person shall engage in this State in any trade practice which is defined in this chapter, as, or determined pursuant to this chapter, to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No resident of this State shall engage in any other state in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.   [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 23: TRADE PRACTICES AND FRAUDS › 24-A §2152-A. Life insurance solicitation

§2152-A. Life insurance solicitation
It shall be an unfair practice under this chapter for any insurer, agent or broker to solicit, negotiate or procure the purchase of life insurance within this State, except in compliance with life insurance cost disclosure rules which shall be adopted in accordance with the Maine Administrative Procedure Act Title 5, chapter 375, by the superintendent by July 1, 1980.   [PL 1979, c. 447 (NEW).]
SECTION HISTORY
PL 1979, c. 447 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2152-B. Unfair solicitation methods

§2152-B. Unfair solicitation methods
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Cold lead advertising" means making use directly or indirectly of a method of marketing that fails to disclose in a conspicuous manner that a purpose of the marketing is insurance sales solicitation and that contact will be made by an insurance producer or insurance company.   [PL 2007, c. 53, §1 (NEW).]
B. "Medicare products" includes Medicare Part A, Medicare Part B, Medicare Part C, Medicare Part D, Medicare Advantage and Medicare supplement plans.   [PL 2007, c. 53, §1 (NEW).]
[PL 2007, c. 53, §1 (NEW).]
2.  Unfair solicitation methods.
It is an unfair trade practice under this chapter for an insurer or producer to:
A. Sell, solicit or negotiate the purchase of health insurance in this State through the use of cold lead advertising;   [PL 2007, c. 53, §1 (NEW).]
B. Use an appointment that was made to discuss Medicare products or to solicit the sale of Medicare products in order to solicit sales of life insurance, health insurance or annuity products unless the consumer requests such solicitation and the products to be discussed are clearly identified to the consumer in writing at least 48 hours in advance of the appointment;   [PL 2023, c. 243, §2 (AMD).]
C. Solicit the sale of Medicare products door-to-door prior to receiving an invitation from a consumer; and   [PL 2023, c. 243, §2 (AMD).]
D. Use an advertisement, solicitation, informational brochure, mailer or other promotional material using the terms "Medicare," "Medicaid" or "MaineCare" that mimics or implies that it is an official document from a state or federal agency.   [PL 2023, c. 243, §2 (NEW).]
[PL 2023, c. 243, §2 (AMD).]
SECTION HISTORY
PL 2007, c. 53, §1 (NEW). PL 2023, c. 243, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2152-C. Disclosures in printed marketing materials of Medicare products

§2152-C. Disclosures in printed marketing materials of Medicare products
1.  Disclosures.
Except as provided in subsections 2 and 3, a person may not use printed materials marketing Medicare products unless the material:
A. Includes a statement printed on the top and both the front and back of the material in type size no smaller than the largest type size on the material stating "This is an advertisement and solicitation";   [PL 2023, c. 243, §3 (NEW).]
B. Contains in a type size no smaller than the 2nd largest type size on the material stating "[Name of person sponsoring the promotional material] is a private company that is not Medicare, Medicaid or MaineCare and is not a governmental agency";   [PL 2023, c. 243, §3 (NEW).]
C. Contains in a type size no smaller than the 2nd largest type size on the material any other disclaimer on the material; and   [PL 2023, c. 243, §3 (NEW).]
D. Does not use a type color for the disclaimer required in paragraph A that is in grayscale or other faded tone, or a font that does not mimic or is not similar to a font used in an official document from a state or federal agency.   [PL 2023, c. 243, §3 (NEW).]
[PL 2023, c. 243, §3 (NEW).]
2.  No disclosure required.
The requirements of subsection 1 do not apply to:
A. Informational brochures or other material developed or distributed by a state or federal regulatory agency or a nonprofit organization; or   [PL 2023, c. 243, §3 (NEW).]
B. Information related to an existing policy, from a policyholder's insurer, licensed agent or agency of record, including, but not limited to, information for the purpose of assisting, educating or communicating the status of plan benefits, claims, appeals, grievances or notice of termination.   [PL 2023, c. 243, §3 (NEW).]
[PL 2023, c. 243, §3 (NEW).]
3.  Application.
This subsection does not apply to any marketing material that has been filed with and approved by the superintendent, or filed with and approved by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services or filed with the Centers for Medicare and Medicaid Services under that agency's policies allowing for the filing and use of certain marketing materials. Evidence of that approval or filing with the Centers for Medicare and Medicaid Services must be produced upon request of the superintendent.
[PL 2023, c. 243, §3 (NEW).]
4.  Rules.
The superintendent may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2023, c. 243, §3 (NEW).]
SECTION HISTORY
PL 2023, c. 243, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2153. Misrepresentation; false advertising of policies

§2153. Misrepresentation; false advertising of policies
No person shall make, issue, circulate, or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title on any policy or class of policies misrepresenting the true nature thereof.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2154. False information; advertising

§2154. False information; advertising
A person may not make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication or on a business card, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of that person's insurance business or with respect to the name of a financial institution in a manner that is untrue, deceptive or misleading.   [PL 2007, c. 118, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 2005, c. 46, §1 (AMD). PL 2007, c. 32, §1 (AMD). PL 2007, c. 118, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2155. "Twisting" prohibited

§2155. "Twisting" prohibited
No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce the policyholder to lapse, forfeit, borrow against, surrender, retain, exchange, modify, convert, or otherwise affect or dispose of any insurance policy.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2155-A. Dumping prohibited

§2155-A. Dumping prohibited
The guaranteed issue requirements of section 2736‑C may not be used by insurers, health maintenance organizations, agents, brokers, consultants or any other persons to provide separate coverage to an employee or dependent with a health condition to improve the claims experience of an employer-sponsored group health benefit plan.   [PL 1997, c. 370, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 370, §B1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2156. False or misleading financial statements

§2156. False or misleading financial statements
1.
No person shall file with any supervisory or other public official, or make, publish, disseminate, circulate or deliver to any person, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive.
[PL 1969, c. 132, §1 (NEW).]
2.
No person shall make any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omit to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
[PL 1969, c. 132, §1 (NEW).]
3.
No person shall advertise the capital or assets of an insurer without in the same advertisement setting forth the amount of the insurer's liabilities.
[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 23: TRADE PRACTICES AND FRAUDS › 24-A §2157. Defamation

§2157. Defamation
No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of or derogatory to an insurer, or of an organization proposing to become an insurer, and which is calculated to injure any person engaged or proposing to engage in the business of insurance.   [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 23: TRADE PRACTICES AND FRAUDS › 24-A §2158. Boycott, coercion and intimidation

§2158. Boycott, coercion and intimidation
No person shall:   [PL 1969, c. 132, §1 (NEW).]
1.
Enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of insurance.
[PL 1969, c. 132, §1 (NEW).]
2.
Enter into any agreement to commit any act of boycott, coercion or intimidation, or in pursuance thereof monopolize or attempt to monopolize any part of the business of insurance.
[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 23: TRADE PRACTICES AND FRAUDS › 24-A §2159-A. Insurance discrimination solely on account of blindness prohibited

§2159-A. Insurance discrimination solely on account of blindness prohibited
No insurer authorized to transact business in this State may refuse to insure or continue to insure, limit the amount, extent or kind of coverage available to an individual or charge an individual a rate different from that normally charged for the same coverage solely because the insured or the applicant for insurance is blind or partially blind.   [PL 1985, c. 445 (RPR).]
An insurer authorized to transact business in this State may not refuse to insure or continue to insure, limit the amount, extent or kind of coverage available to an individual or charge an individual a rate different from that normally charged for the same coverage solely because the insured or the applicant for insurance has a physical or mental disability, as defined in Title 5, section 4553, subsection 7‑A, other than blindness or partial blindness, unless the basis for that action is clearly demonstrated through sound actuarial evidence.   [PL 2021, c. 348, §36 (AMD).]
1.  Deaf.
[PL 1985, c. 445 (RP).]
2.  Developmentally disabled.
[PL 1985, c. 445 (RP).]
SECTION HISTORY
PL 1975, c. 255 (NEW). PL 1975, c. 675 (AMD). PL 1977, c. 279 (RPR). PL 1979, c. 127, §156 (AMD). PL 1979, c. 663, §142 (AMD). PL 1985, c. 445 (RPR). PL 2021, c. 348, §36 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2159-D. Discrimination against live organ donation prohibited in life insurance, disability insurance and long-term care insurance

§2159-D. Discrimination against live organ donation prohibited in life insurance, disability insurance and long-term care insurance
1.  Living organ donor.
For the purposes of this section, "living organ donor" means an individual who is not deceased who donates all or part of an organ from that individual.
[PL 2017, c. 20, §1 (NEW).]
2.  Discrimination prohibited.
Notwithstanding any other provision of law, an insurer authorized to do business in this State may not:
A. Limit coverage or refuse to issue or renew coverage of an individual under any life insurance, disability insurance or long-term care insurance policy due to the status of that individual as a living organ donor;   [PL 2017, c. 20, §1 (NEW).]
B. Preclude an individual from donating all or part of an organ as a condition of receiving coverage under a life insurance, disability insurance or long-term care insurance policy;   [PL 2017, c. 20, §1 (NEW).]
C. Consider the status of an individual as a living organ donor in determining the premium rate for coverage of that individual under a life insurance, disability insurance or long-term care insurance policy; or   [PL 2017, c. 20, §1 (NEW).]
D. Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of a life insurance, disability insurance or long-term care insurance policy based solely and without any additional actuarial justification upon the status of an individual as a living organ donor.   [PL 2017, c. 20, §1 (NEW).]
[PL 2017, c. 20, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 20, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2159-E. Discrimination against naloxone hydrochloride or another opioid overdose-reversing medication purchases prohibited in life insurance

§2159-E. Discrimination against naloxone hydrochloride or another opioid overdose-reversing medication purchases prohibited in life insurance
1.  Discrimination prohibited.
Notwithstanding any provision of law to the contrary and except as provided in subsection 2, an insurer authorized to do business in this State may not:
A. Limit coverage or refuse to issue or renew coverage of an individual under any life insurance policy due to the fact that the individual has been issued a prescription for naloxone hydrochloride or another opioid overdose-reversing medication or has purchased naloxone hydrochloride or another opioid overdose-reversing medication in accordance with Title 22, section 2353;   [PL 2023, c. 161, §4 (AMD).]
B. Consider the fact that an individual has been issued a prescription for naloxone hydrochloride or another opioid overdose-reversing medication or has purchased naloxone hydrochloride or another opioid overdose-reversing medication in determining the premium rate for coverage of that individual under a life insurance policy; or   [PL 2023, c. 161, §4 (AMD).]
C. Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of a life insurance policy based solely and without any additional actuarial justification upon the fact that an individual has been issued a prescription for naloxone hydrochloride or another opioid overdose-reversing medication or has purchased naloxone hydrochloride or another opioid overdose-reversing medication.   [PL 2023, c. 161, §4 (AMD).]
An opioid overdose-reversing medication referenced in this subsection must be approved by the federal Food and Drug Administration.
[PL 2023, c. 161, §4 (AMD).]
2.  Exception.
An insurer may take an action described in subsection 1 with respect to an individual who has a demonstrated history of opioid use disorder.
[PL 2019, c. 203, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 203, §1 (NEW). PL 2023, c. 161, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2159-F. Discrimination based solely on provision of reproductive health care services in medical malpractice insurance

§2159-F. Discrimination based solely on provision of reproductive health care services in medical malpractice insurance
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Adverse action" means revocation, suspension or other disciplinary action against a health care professional's license.   [PL 2023, c. 345, §1 (NEW).]
B. "Health care professional who provides reproductive health care services" means a health care professional who provides, authorizes, recommends, aids, assists, refers for or otherwise participates in an abortion or any other reproductive health care services provided for the purpose of an abortion performed on an individual.   [PL 2023, c. 345, §1 (NEW).]
[PL 2023, c. 345, §1 (NEW).]
2.  Discrimination prohibited.
An insurer that provides medical malpractice insurance in this State may not refuse to issue or renew coverage, cancel or restrict coverage or require the payment of additional charges by a health care professional who provides reproductive health care services on the sole basis that the health care professional is acting in violation of another state's law or is subject to an adverse action against the health care professional's license in another state for a violation of that state's law.
[PL 2023, c. 345, §1 (NEW).]
3.  Action based on adverse action in another state prohibited.
An insurer that provides medical malpractice insurance in this State may not refuse to issue or renew coverage, cancel or restrict coverage or require the payment of additional charges by a health care professional who provides reproductive health care services as a result of an adverse action against the health care professional's license in another state if the adverse action is solely based on a violation of the other state's law that prohibits abortion and any related reproductive health care services in that state or for a resident of that state.
[PL 2023, c. 345, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 345, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2160. Rebates -- life, health and annuity contracts

§2160. Rebates -- life, health and annuity contracts
1.  Limitation.
Except as otherwise provided by law, no person may:
A. Knowingly permit or offer to make or make any contract of life insurance, life annuity or health insurance or agreement concerning that contract that is not plainly expressed in the contract issued;   [PL 1997, c. 457, §38 (NEW).]
B. Pay or allow or give or offer to pay, allow or give directly or indirectly as inducement to life or health insurance or life annuity:
(1) Any rebate of premiums payable on the contract;
(2) Any special favor or advantage in the dividends or other benefits;
(3) Any paid employment or contract for services of any kind; or
(4) Any valuable consideration or inducements not specified in the contract; or   [PL 1997, c. 457, §38 (NEW).]
C. Directly or indirectly give or sell or purchase or offer or agree to give, sell, purchase or allow as inducement to life or health insurance or life annuity or in connection with the insurance or annuity or any agreement, whether or not specified in the policy or contract, of any form or nature promising:
(1) Returns or profits;
(2) Any stocks, bonds or other securities;
(3) Interest present in or contingent on or measured by the agreement of any insurer or other corporation, association or partnership; or
(4) Any dividends or profits accrued or to accrue on an agreement.   [PL 1997, c. 457, §38 (NEW).]
[PL 1997, c. 457, §38 (NEW).]
2.  Benefit not associated with indemnification or loss.
Unless otherwise provided by law, a provision may not be included within an insurance policy if the sole intent of the provision is to give to the insured a benefit that is not associated with indemnification or loss. This subsection does not apply to annuities.
[PL 1997, c. 592, §66 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1997, c. 457, §38 (RPR). PL 1997, c. 592, §66 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance

§2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance
1.
No property, casualty or surety insurer or any employee or representative thereof, and no broker, agent or solicitor as to such insurance shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the superintendent as provided by law.
A. Unless otherwise provided by law, a provision may not be included within an insurance policy if the sole intent of the provision is to give to the insured a benefit that is not associated with indemnification or loss.   [PL 1997, c. 457, §39 (NEW).]
B. Notwithstanding any other provision of law, the superintendent may approve filings allowing reductions in premium associated with savings in issuance and administrative expenses except that, if a filing affecting surety bonds for construction projects financed in whole or in part with public funds allows for any reduction in premium to be given, paid, allowed or offered after execution of the bond, including, without limitation, any rebate, discount, consideration or inducement of any kind, the filing must ensure that the entire amount of the reduction will be paid directly to the governmental department or agency administering the public funds for the project. In the case of a project financed only in part with public funds, the governmental department or agency may be paid a percentage of the reduction equal to the percentage of the project that is financed with public funds.   [PL 1997, c. 457, §39 (NEW).]
[PL 1997, c. 457, §39 (AMD).]
2.
No such insurer shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance.
[PL 1969, c. 132, §1 (NEW).]
3.
Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents, brokers or solicitors, or as prohibiting any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits. As used in this section the word "insurance" includes suretyship and the word "policy" includes bond. This section does not apply as to wet marine and transportation insurance.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1997, c. 457, §39 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2162-A. Payment of dividend conditioned upon renewal; unfair trade practice

§2162-A. Payment of dividend conditioned upon renewal; unfair trade practice
It is an unfair trade practice to make the payment of a policy dividend or any portion of a dividend conditioned upon renewal of the policy or contracts. This section does not apply to the first year dividend on life insurance policies.   [PL 1985, c. 548 (NEW).]
SECTION HISTORY
PL 1985, c. 548 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2163. Receipt of rebate, illegal inducement prohibited

§2163. Receipt of rebate, illegal inducement prohibited
1.  Limitations.
No person may knowingly receive or accept, directly or indirectly:
A. Any rebate of premium or part of a premium;   [PL 1997, c. 457, §40 (NEW).]
B. Any producer's commission on a premium or part of a premium payable on any policy of insurance or annuity contract;   [PL 1997, c. 457, §40 (NEW).]
C. Any special favor or advantage in the dividend or other benefits to accrue; or   [PL 1997, c. 457, §40 (NEW).]
D. Anything of value as inducement to any policy of insurance or annuity contract or in connection with any policy of insurance or annuity contract that is not specified, promised or provided for in the policy or contract, except as otherwise provided by law.   [PL 1997, c. 457, §40 (NEW).]
[PL 1997, c. 457, §40 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1997, c. 457, §40 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2163-A. Permitted activities

§2163-A. Permitted activities
1.  Permissible gifts and prizes.
Notwithstanding any other provision in sections 2160 to 2163, an insurer, an employee of an insurer or a producer may offer to give gifts in connection with marketing for the sale or retention of contracts of insurance, as long as the cost does not exceed $100 per year per person, and conduct raffles or drawings, as long as there is no participation cost to entrants and as long as the prizes are not valued in excess of $500. Nothing in sections 2160 to 2163 may be construed to prohibit an insurance producer from receiving a fee rather than commission on the sale of property and casualty insurance in accordance with section 1450 and rules adopted by the superintendent.
Gifts and prizes given pursuant to this section may not be in the form of cash.
[PL 2017, c. 84, §1 (NEW).]
2.  Permissible value-added service or activity.
An insurer, an employee of an insurer or a producer may offer to provide a value-added service or activity, offered or provided without fee or at a reduced fee, that is related to the coverage provided by an insurance contract if the provision of the value-added service or activity does not violate any other applicable statute or rule and is:
A. Clearly identified and included within the insurance contract; or   [PL 2017, c. 84, §1 (NEW).]
B. Directly related to the servicing of the insurance contract or offered or undertaken to provide risk control for the benefit of a client.   [PL 2017, c. 84, §1 (NEW).]
[PL 2017, c. 84, §1 (NEW).]
3.  Services for free or for less than fair market value.
This section does not prohibit a person from offering or providing services, whether or not the services are directly related to an insurance contract, for free or for less than fair market value as long as the receipt of the services is not contingent upon the purchase of insurance and the services are offered on the same terms to all potential insurance customers. A person that offers or provides services under this subsection for free or for less than fair market value shall disclose conspicuously in writing to the recipient before the purchase of insurance, receipt of a quote for insurance or designation of an agent of record that receipt of the services is not contingent on the purchase of insurance.
[PL 2017, c. 84, §1 (NEW).]
4.  Rules.
The superintendent may adopt rules as necessary to make reasonable modifications to the standards in this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 84, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 457, §41 (NEW). PL 1999, c. 8, §1 (AMD). PL 2017, c. 84, §1 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2164. Stock operations and advisory board contracts

§2164. Stock operations and advisory board contracts
No person shall issue or deliver or permit its agents, officers, or employees to issue or deliver agency company stock or other capital stock, or benefit certificates or shares in any common law corporation, or securities or any special or advisory board contracts or other contracts of any kind promising returns and profits as an inducement to insurance.   [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 23: TRADE PRACTICES AND FRAUDS › 24-A §2164-A. Direct billing, notice

§2164-A. Direct billing, notice
No insurer, domestic or foreign, shall, except upon the written request of the insured, convert or convert upon renewal any contract of property or casualty insurance, excluding accident and health insurance and life insurance, to a direct billing basis until it has given 90 days advance written notice thereof to its resident agents.   [PL 1969, c. 548 (NEW).]
SECTION HISTORY
PL 1969, c. 548 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2164-B. Conflicts of interest in appraisals (REPEALED)

§2164-B. Conflicts of interest in appraisals
(REPEALED)
SECTION HISTORY
PL 1979, c. 171 (NEW). PL 1979, c. 471 (NEW). PL 1979, c. 663, §143 (RAL). PL 1995, c. 522, §1 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2164-C. Free competition

§2164-C. Free competition
1.  Appraisals or repairs to motor vehicle glass.
A domestic or foreign insurer or its agent or employee may not require, directly or indirectly, that appraisals or repairs to motor vehicle glass be made or not be made in a specified place of business.
A domestic or foreign insurer or its agent or employee may not contract with any person to act as its agent for purposes of managing, handling or arranging repair or replacement of motor vehicle glass when that person is compensated by payment of a portion of the difference between the list price of the product or services provided and the amount paid to the person providing repair and replacement service.
[PL 2005, c. 101, §1 (NEW).]
2.  Appraisals or repairs to motor vehicles for collision damage.
A domestic or foreign insurer or its agent or employee may not require, directly or indirectly, that appraisals or repairs to motor vehicles with collision damage be made or not be made in a specified place of business.
A domestic or foreign insurer or its agent or employee may not contract with any person to act as its agent for purposes of managing, handling or arranging repair or replacement of motor vehicles for collision damage when that person is compensated by payment of a portion of the difference between the list price of the product or services provided and the amount paid to the person providing repair and replacement service.
A domestic or foreign insurer or its agent or employee may not recommend the use of a particular motor vehicle repair service or network of repair services without informing the claimant that the claimant is under no obligation to use the recommended repair service or network of repair services.
[PL 2005, c. 101, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 663, §143 (RAL). PL 1993, c. 203, §1 (AMD). PL 2005, c. 101, §1 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2164-E. Disclosure of coverage limits to claimant; penalty

§2164-E. Disclosure of coverage limits to claimant; penalty
Upon written request by a claimant or the claimant's attorney, an insurer doing business in this State shall provide the claimant or the claimant's attorney with the liability coverage limits of that insurer's insured. The insurer must provide the liability coverage limits within 60 days of receipt of the written request.   [PL 2009, c. 189, §1 (NEW).]
An insurer who fails to comply with this section is subject to a penalty of $500, plus reasonable attorney's fees and expenses incurred in obtaining the liability coverage limits.   [PL 2009, c. 189, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 189, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2165. Desist orders for prohibited practices (REPEALED)

§2165. Desist orders for prohibited practices
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1983, c. 394, §3 (AMD). PL 1985, c. 648, §§6,7 (AMD). PL 1991, c. 298, §11 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2165-A. Cease and desist orders; actions against defined and undefined unfair and deceptive practices

§2165-A. Cease and desist orders; actions against defined and undefined unfair and deceptive practices
1.
Emergency cease and desist orders issued pursuant to section 12‑A, subsection 2‑A may not be imposed for violations under this section.
[PL 1991, c. 298, §12 (NEW).]
2.
The superintendent may issue a cease and desist order pursuant to section 12‑A, subsection 2 if, after a hearing, the superintendent finds that any person in this State has engaged or is engaging in any act or practice defined or prohibited under this chapter or rules adopted pursuant to this chapter or that a resident of this State has so engaged or is so engaging in another state.
[PL 1991, c. 298, §12 (NEW).]
3.
The superintendent may issue a cease and desist order pursuant to section 12‑A, subsection 2 if, after a hearing, the superintendent finds that any person in the State has engaged or is engaging, or that a resident of the State has engaged or is engaging in another state, in an unfair or deceptive practice not defined in this chapter or in rules adopted pursuant to this chapter. For any undefined practice, the civil penalties set forth in section 12‑A, subsection 1 may not be imposed for practice engaged in prior to the issuance and service of a valid cease and desist order.
[PL 1991, c. 298, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 298, §12 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2166. Procedures as to undefined practices (REPEALED)

§2166. Procedures as to undefined practices
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1985, c. 648, §8 (AMD). PL 1991, c. 298, §13 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2167. Service upon unauthorized insurers

§2167. Service upon unauthorized insurers
Provisions of this chapter applicable to insurers apply fully to unauthorized insurers. If an action under this chapter is brought against an unauthorized insurer, section 2105 applies to all process, notices and statements of charges.   [PL 1991, c. 298, §14 (NEW).]
1.
[PL 1991, c. 298, §14 (RP).]
2.
[PL 1991, c. 298, §14 (RP).]
3.
[PL 1991, c. 298, §14 (RP).]
4.
[PL 1991, c. 298, §14 (RP).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 298, §14 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2167-A. Notice to domiciliary supervisory official

§2167-A. Notice to domiciliary supervisory official
Whenever the superintendent has reason to believe that a foreign or alien insurer or licensed insurance professional is acting in violation of this chapter or chapter 21, the superintendent shall notify the insurance supervisory official of that person's domiciliary jurisdiction.   [PL 1991, c. 298, §15 (NEW).]
SECTION HISTORY
PL 1991, c. 298, §15 (NEW).