reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §217. Annual report

§217. Annual report
1.
As soon as practical after the annual financial statements have been received from the authorized insurers, the superintendent may make a written report to the Governor showing with respect to the preceding calendar year:
A. The receipts and expenses of the bureau for the year;   [PL 1973, c. 585, §12 (AMD).]
B. A summary of the insurance business transacted in this State;   [PL 1969, c. 132, §1 (NEW).]
C. A summary of the financial condition of each authorized insurer, as shown by its most recent financial statement on file with the superintendent;   [PL 1973, c. 585, §12 (AMD).]
D. Such recommendations as the superintendent considers advisable relative to amendment or supplementation of the insurance laws; and   [RR 2021, c. 1, Pt. B, §161 (COR).]
E. Such other information and matters as the superintendent considers to be in the public interest relative to the insurance business in this State.   [RR 2021, c. 1, Pt. B, §162 (COR).]
[RR 2021, c. 1, Pt. B, §§161, 162 (COR).]
2.
If the report is printed, the superintendent shall furnish a copy upon request thereby to the insurance supervisory official of other states and to authorized insurers; and, if copies are available for the purpose, to other persons who so request and upon payment by such persons of such reasonable charge therefor as may be fixed by the superintendent.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1975, c. 771, §260 (AMD). RR 2021, c. 1, Pt. B, §§161, 162 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §218. Publications; price

§218. Publications; price
The superintendent may have the directory of authorized insurers, of licensed insurance representatives, license examination material, insurance laws and related laws and regulations under the superintendent's administration published in pamphlet form from time to time, and may fix a price for each copy to cover cost of printing and mailing.   [RR 2021, c. 1, Pt. B, §163 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §163 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §219. Interstate cooperation

§219. Interstate cooperation
The superintendent may communicate on request of the insurance supervisory official of any state, province or country any information that it is the superintendent's duty by law to ascertain respecting authorized insurers.   [RR 2021, c. 1, Pt. B, §164 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §164 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §220. Investigation of violations

§220. Investigation of violations
1.  Discretionary investigations.
In addition to examinations and investigations expressly authorized, the superintendent may conduct investigations of insurance matters as the superintendent considers proper upon reasonable cause to determine whether any person has violated any provision of this Title or to secure information useful in the lawful administration of any such provision. The cost of these investigations must be borne by the State.
[PL 1991, c. 26 (NEW).]
2.  Response to inquiries.
All insurers and other persons required to be licensed pursuant to this Title and Title 24 shall respond to all lawful inquiries of the superintendent within 10 business days of receipt of the inquiry and to all follow-up inquiries of the superintendent within 5 business days of receipt. If a substantive response cannot in good faith be provided within the required time, the person required to respond shall so advise the superintendent and provide the reason for the inability to respond. The superintendent may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement the requirements of this subsection.
[PL 2023, c. 59, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 26 (RPR). PL 2023, c. 59, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §224. Appraisal of asset

§224. Appraisal of asset
1.
If the superintendent considers it necessary to value any asset involved in such an examination, the superintendent may appoint one or more competent disinterested persons as appraisers with authority to appraise the real property of an insurer or any real property on which it holds security.
[PL 1991, c. 828, §9 (AMD).]
2.
Any such appraisal shall be expeditiously made, and a copy thereof furnished to the superintendent and to the person being examined.
[PL 1973, c. 585, §12 (AMD).]
3.
The reasonable expense of the appraisal shall be borne by the person being examined.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §9 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §225. Examination report; contents; prima facie evidence in certain proceedings

§225. Examination report; contents; prima facie evidence in certain proceedings
1.
Upon completion of an examination, the examiner in charge shall make a true report thereof which shall comprise only facts appearing upon the books, records or other documents of the person examined, or from an appraisal of assets, or as ascertained from the sworn testimony of its officers or agents or other individuals examined concerning its affairs, and such conclusions and recommendations as may reasonably be warranted from such facts. The report of examination shall be verified by the oath of the examiner in charge thereof.
[PL 1969, c. 132, §1 (NEW).]
2.
Such a report of examination of an insurer so verified shall be prima facie evidence in any delinquency proceeding against the insurer, its officers, employees or agents upon the facts stated therein, and whether or not the report has then been filed in the bureau as provided in section 226.
[PL 1973, c. 585, §12 (AMD).]
3.
All working papers, recorded information, documents and copies of any of these media produced by, obtained by or disclosed to the superintendent or any other person in the course of an examination made under this chapter are confidential, are not subject to subpoena and may not be made public by the superintendent or any other person, except to the extent provided in sections 226 and 227. Access may be granted to the National Association of Insurance Commissioners. Any parties granted access must agree in writing prior to receiving the information to provide the information with the same confidential treatment as required by this section unless prior written consent of the insurer to which the information pertains has been obtained.
[PL 2011, c. 320, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §10 (AMD). PL 2011, c. 320, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §227. Examination report

§227. Examination report
The report of examination of those persons, partnerships, corporations or other business associations that are subject to examination by the superintendent as provided for in sections 221 and 222 must, upon satisfaction of the requirements of section 226 and so long as no court of competent jurisdiction has stayed its publication, be filed in the bureau as a public record, except that any information relating to an individual insured or individual applicant for insurance is confidential.   [PL 2011, c. 320, Pt. A, §5 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 425, §2 (RPR). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §12 (AMD). PL 2011, c. 320, Pt. A, §5 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §229. Administrative procedures; hearings in general

§229. Administrative procedures; hearings in general
1.
The superintendent may hold a hearing without request of others for any purpose within the scope of this Title.
[PL 1973, c. 585, §12 (AMD).]
2.
The superintendent shall hold a hearing:
A. If required by any provision of this Title, or   [PL 1969, c. 132, §1 (NEW).]
B. Upon written application for a hearing by a person aggrieved by any act or impending act, or by any report or order of the superintendent, other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice.   [PL 1987, c. 220, §1 (AMD).]
[PL 1987, c. 220, §1 (AMD).]
3.
Any such application must be filed with the superintendent within 30 days after such person knew or reasonably should have known of such act, impending act, failure, report or order, unless a different period is provided for by other applicable law, and in which case such other law shall govern. The application shall briefly state the respects in which the applicant is so aggrieved, together with the ground to be relied upon for the relief to be demanded at the hearing. The superintendent may require that the application be signed and sworn to.
[PL 1987, c. 220, §2 (AMD).]
4.
If the superintendent finds that the application is timely and made in good faith, that the applicant would be so aggrieved if the applicant's grounds are established and that such grounds otherwise justify the hearing, the superintendent shall hold the hearing within 30 days after filing of the application, or within 30 days after the application has been sworn to, whichever is the later date, unless in either case the hearing is postponed by mutual consent. The hearing must be held in conformity with the provisions contained in the Maine Administrative Procedure Act.
[RR 2021, c. 1, Pt. B, §171 (COR).]
5.
Failure to hold the hearing upon application therefor of a person entitled thereto as provided shall constitute a denial of the relief sought, and shall be the equivalent of a final order of the superintendent on hearing for the purpose of an appeal under section 236.
[PL 1973, c. 585, §12 (AMD).]
6.
Pending the hearing and decision thereon, the superintendent may suspend or postpone the effective date of the superintendent's previous action.
[RR 2021, c. 1, Pt. B, §172 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §389 (AMD). PL 1987, c. 220, §§1,2 (AMD). RR 2021, c. 1, Pt. B, §§171, 172 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §230. Notice of hearing

§230. Notice of hearing
1.
Notice of hearing shall be given in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375.
[PL 1981, c. 501, §38 (RPR).]
2.
Except when a different period is expressly provided by the Maine Administrative Procedure Act, Title 5, chapter 375, or by this Title, the superintendent shall give written notice of hearing not less than 14 days in advance. Notice of hearing may be waived and the hearing held at a time mutually fixed by the superintendent and the parties.
[PL 1981, c. 501, §38 (RPR).]
3.
[PL 1981, c. 501, §38 (RP).]
4.
[PL 1981, c. 501, §38 (RP).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §§390-392 (AMD). PL 1981, c. 501, §38 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §231. Conduct of hearing

§231. Conduct of hearing
1.
The superintendent may hold a hearing in Augusta or any other place of convenience to parties and witnesses, as the superintendent determines. The superintendent or the superintendent's designee shall preside at the hearing and shall expedite the hearing and all procedures involved therein. Adjudicatory hearings shall be governed by the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV.
[PL 1989, c. 269, §6 (AMD).]
2.
[PL 1989, c. 269, §6 (RP).]
3.
[PL 1989, c. 269, §6 (RP).]
4.
[PL 1989, c. 269, §6 (RP).]
5.
The hearing shall be public, unless the superintendent or hearing officer determines that a private hearing would be in the public interest, in which case the hearing shall be private, subject to Title 1, section 405, subsection 6.
[PL 1989, c. 269, §6 (AMD).]
6.
[PL 1989, c. 269, §6 (RP).]
7.
The validity of any hearing held in accordance with the notice thereof, or waiver of notice, shall not be affected by the failure of any person to attend or remain in attendance.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §§393-395 (AMD). PL 1989, c. 269, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §232. Witnesses and documentary evidence

§232. Witnesses and documentary evidence
1.
As to the subject of any examination, investigation or hearing being conducted by the superintendent, the superintendent may subpoena witnesses and administer oaths or affirmations and examine any individual under oath, or take depositions; and by subpoena duces tecum may require the production of documentary and other evidence. Any delegation by the superintendent of power of subpoena shall be in writing. The procedures of Title 5, section 9060, subsection 1, shall also apply to the issuance of subpoenas.
[PL 1989, c. 269, §7 (AMD).]
2.
Every person subpoenaed to appear at any such hearing, examination or investigation shall obey the subpoena, testify truthfully, behave with decorum and in no way obstruct the proceeding or purpose thereof.
[RR 2021, c. 1, Pt. B, §173 (COR).]
3.
Witnesses shall be entitled to the same fees and allowances as witnesses in Superior Court; except that no insurer, agent, broker or other person subject to this Title who is a subject of such proceeding, and no officer, director or employee of any of the foregoing, shall be entitled to witness or mileage fees. No person shall be excused from attending and testifying in obedience to a subpoena on the ground that the proper witness fee was not tendered or paid, unless the witness shall have demanded such payment as a condition precedent to attending the hearing, examination or investigation and unless such demand shall not have been complied with.
[PL 1969, c. 132, §1 (NEW).]
4.
Any individual knowingly testifying falsely under oath or making a false affirmation, as to any matter material to any such examination, investigation or hearing, shall upon conviction thereof be guilty of perjury.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1989, c. 269, §7 (AMD). RR 2021, c. 1, Pt. B, §173 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §233. Witnesses; disciplinary proceedings

§233. Witnesses; disciplinary proceedings
1.
If any individual without reasonable cause fails to appear when summoned as a witness, or refuses to answer a lawful and pertinent question, or refuses to produce documentary evidence when directed to do so by the superintendent, or behaves in a disrespectful or disorderly manner at the inquiry, or obstructs the proceedings by any means, whether or not in the presence of the superintendent or the superintendent's designee, the individual is guilty of contempt and may be dealt with as provided in subsection 2.
[RR 2021, c. 1, Pt. B, §174 (COR).]
2.
The superintendent or the superintendent's designee, as the case may be, may file a complaint in the Superior Court, setting forth under oath the facts constituting the contempt and requesting an order returnable in not less than 2 nor more than 5 days, directing the alleged contemner to show cause before the court why the alleged contemner should not be punished for contempt. Upon the return of such order, the court shall examine the alleged contemner under oath and the alleged contemner has an opportunity to be heard. If the court determines that the respondent has committed any alleged contempt, the court shall punish the offender as if the contempt had occurred in an action arising in or pending in such court.
[RR 2021, c. 1, Pt. B, §174 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §174 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §234. Witnesses; immunity from prosecution

§234. Witnesses; immunity from prosecution
If any individual asks to be excused from testifying or from producing evidence of any kind in connection with any examination, hearing or investigation being conducted by the superintendent on the ground that the testimony or evidence required of that individual may tend to incriminate the individual or subject the individual to a penalty or forfeiture, and the Attorney General directs that individual to give testimony or produce evidence, the individual must comply with the directive. No testimony or other evidence so compelled, or any information directly or indirectly derived from that testimony or other evidence, may be used against the offering individual in any criminal, juvenile or civil violation proceeding, except that the testimony or other evidence may be used in a prosecution for perjury, false swearing, contempt or otherwise failing to comply with the directive to testify or produce evidence, or in a proceeding in which the individual has waived the immunity or privilege.   [PL 1989, c. 269, §8 (NEW).]
1.
[PL 1989, c. 269, §8 (RP).]
2.
[PL 1989, c. 269, §8 (RP).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1989, c. 269, §8 (RPR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §235. Order on hearing

§235. Order on hearing
1.
In the conduct of hearings under this Title and making the superintendent's order thereon, the superintendent shall act in a quasi-judicial capacity.
[RR 2021, c. 1, Pt. B, §175 (COR).]
2.
Within 30 days after termination of a hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this Title as to particular proceedings, or within such further reasonable period as the superintendent for good cause may require, the superintendent shall make the superintendent's order on hearing covering matters involved in such hearing, and give a copy of the order to each party to the hearing in the same manner as notice of the hearing was given to such party; except that as to hearings held with respect to merger, consolidation, bulk reinsurance, conversion, affiliation or change of control of a domestic insurer as provided in chapter 47 when notice of the hearing was given to all stockholders and policyholders of an insurer involved, the superintendent is required to give a copy of the order on hearing to the corporation and insurer parties, to intervening parties, to a reasonable number of such stockholders or policyholders as representative of the class, and to other parties only upon written request of such parties.
[RR 2021, c. 2, Pt. A, §66 (COR).]
3.
The order must contain:
A. A concise statement of facts found by the superintendent upon the evidence adduced at the hearing;   [PL 1973, c. 585, §12 (AMD).]
B. A concise statement of the superintendent's conclusions from the facts so found;   [PL 1973, c. 585, §12 (AMD).]
C. The superintendent's order, and the effective date of the order;   [RR 2009, c. 2, §64 (COR).]
D. Citation of the provisions of this Title upon which the order is based; but failure to so designate a particular provision does not deprive the superintendent of the right thereafter to rely thereon; and   [RR 2009, c. 2, §64 (COR).]
E. Notice of the party's right to appeal or review of the order, of the action required for appeal and of the time within which the action must be taken in order to exercise the right.   [RR 2009, c. 2, §64 (COR).]
[RR 2009, c. 2, §64 (COR).]
4.
The order may affirm, modify or rescind action theretofore taken or may constitute taking of new action within the scope of the notice of the hearing.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §396 (AMD). RR 2009, c. 2, §64 (COR). RR 2021, c. 1, Pt. B, §§175, 176 (COR). RR 2021, c. 2, Pt. A, §66 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 3: THE INSURANCE SUPERINTENDENT › 24-A §236. Appeal from the superintendent

§236. Appeal from the superintendent
1.
In general, judicial review of actions taken by the superintendent or the superintendent's representatives must occur in conformity with the provisions set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 7.
[RR 2009, c. 2, §65 (COR).]
2.
An appeal from the superintendent shall be taken only from an order on hearing, or as to a matter on which the superintendent has failed to hold a hearing after application thereof under section 229, or regarding a matter as to which the superintendent has failed to issue an order after hearing as required by section 235.
[PL 1977, c. 694, §397 (RPR).]
3.
Any person who was a party to the hearing may appeal from an order of the superintendent within 30 days after receipt of notice. Any person not a party to the hearing whose interests are substantially and directly affected and who is aggrieved by an order of the superintendent may appeal within 40 days from the date the decision was rendered. If the appeal is taken from the superintendent's failure or refusal to act, the petition for review shall be filed within 6 months of the expiration of the time within which the action should reasonably have occurred.
[PL 1977, c. 694, §397 (RPR).]
4.
[PL 1989, c. 269, §9 (RP).]
5.
[PL 1989, c. 269, §9 (RP).]
6.
[PL 1989, c. 269, §9 (RP).]
7.
[PL 1989, c. 269, §9 (RP).]
8.
[PL 1989, c. 269, §9 (RP).]
9.
[PL 1989, c. 269, §9 (RP).]
10.
[PL 1989, c. 269, §9 (RP).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §4 (AMD). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §397 (RPR). PL 1989, c. 269, §§9,10 (AMD). RR 2009, c. 2, §65 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §400. "Stock" insurer defined

§400. "Stock" insurer defined
A "stock" insurer is an incorporated insurer with its capital divided into shares and owned by its stockholders.   [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 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §401. "Mutual" insurer defined

§401. "Mutual" insurer defined
A "mutual" insurer is an incorporated insurer without permanent capital stock, and the governing body of which is elected by its policyholders or those policyholders specified in its charter, or by any reasonable combination of its policyholders, guaranty fund stockholders, or guaranty fund certificate holders, or by other reasonable method.   [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 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §402. "Reciprocal"; "Lloyd's" insurer defined

§402. "Reciprocal"; "Lloyd's" insurer defined
1.  Reciprocal insurer.
A "reciprocal" insurer is an unincorporated aggregation of subscribers operating individually and collectively through an attorney-in-fact common to all such persons to provide reciprocal insurance among themselves. Any public self-funded pool operating under Title 30, chapter 203‑B is not an insurance company or insurer under the laws of this State. The development, administration and provision of a public self-funded pool's programs and coverages do not constitute doing an insurance business.
[PL 1985, c. 713, §4 (AMD).]
2.  Lloyd's insurer.
A "Lloyd's" insurer is an unincorporated but formally organized association of individual underwriters, any one or more of whom underwrite and thereby assume as insurer such portion of the risk insured by them as shall be set forth in the contract of insurance issued by such an insurer.
[PL 1969, c. 177, §5 (RPR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §5 (RPR). PL 1985, c. 713, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §403. "Charter" defined

§403. "Charter" defined
Except where context requires otherwise, "charter" means certificate of organization, certificate of incorporation, articles of incorporation, articles of agreement, articles of association, corporate charter granted by legislative act, or other basic constituent document of a corporation, or of a Lloyd's insurer, or the power of attorney of the attorney-in-fact of a reciprocal insurer.   [PL 1969, c. 177, §6 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §404. Certificate of authority required; enforcement; penalty

§404. Certificate of authority required; enforcement; penalty
1.
No person shall act as an insurer and no insurer shall transact insurance in this State by mail or otherwise, unless as authorized by a certificate of authority issued by the superintendent pursuant to this Title and then in full force and effect, except as to such transactions as are expressly otherwise provided in this Title.
[PL 1973, c. 585, §12 (AMD).]
2.
No insurer formed under the laws of this State, and no foreign insurer from offices or by personnel or facilities located in this State, shall solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority granted to it by the superintendent authorizing it to transact the same kind or kinds of insurance in this State.
[PL 1973, c. 585, §12 (AMD).]
3.
The superintendent shall enforce this section through any and all available and lawful means, including, but not limited to, the enjoining of any violation or threatened violation.
[PL 1973, c. 585, §12 (AMD).]
4.
Any insurer and any officer, director, agent, representative or employee of any insurer, who willfully authorizes, negotiates, makes or issues any insurance contract in violation of this section, is upon conviction thereof subject to a fine not to exceed $5,000 or imprisonment for not over 2 years, or to both.
[RR 2013, c. 2, §36 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2013, c. 2, §36 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §405. Exceptions to certificate of authority requirement

§405. Exceptions to certificate of authority requirement
A certificate of authority shall not be required of an insurer with respect to any of the following:   [PL 1969, c. 132, §1 (NEW).]
1.
Investigation, settlement or litigation of claims under its policies lawfully written in this State, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this State;
[PL 1969, c. 132, §1 (NEW).]
2.
Except as provided in section 404, subsection 2, transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this State at time of issuance, and lawfully solicited, written and delivered outside this State;
[PL 1969, c. 132, §1 (NEW).]
3.
Transactions pursuant to surplus lines coverages lawfully written under chapter 19;
[PL 1969, c. 132, §1 (NEW).]
4.
Reinsurance, except as to domestic reinsurers;
[PL 1969, c. 132, §1 (NEW).]
5.
Transactions relative to its investments in this State;
[PL 1969, c. 132, §1 (NEW).]
6.
Any suit or action by the duly constituted receiver, rehabilitator or liquidator of the insurer, or of the insurer's assignee or successor, under laws similar to those contained in chapter 57; or
[PL 2011, c. 90, Pt. C, §1 (AMD).]
7.
Transactions pursuant to individual health insurance covering residents of this State written by a regional insurer or health maintenance organization, as defined in section 405‑A, duly authorized or qualified to transact individual health insurance in the state or country of its domicile if the superintendent certifies that the regional insurer or health maintenance organization meets the requirements of section 405‑A.
[PL 2011, c. 90, Pt. C, §2 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 2011, c. 90, Pt. C, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §405-C. Domestic insurers or licensed health maintenance organizations; parity with regional insurers

§405-C. Domestic insurers or licensed health maintenance organizations; parity with regional insurers
Notwithstanding any other provision of this Title, a domestic insurer or licensed health maintenance organization authorized to transact individual health insurance in this State may offer for sale in this State an individual health plan equivalent to any plan offered for sale in this State by a regional insurer or health maintenance organization pursuant to section 405‑A. An individual health plan may not be offered for sale pursuant to this section before January 1, 2014.   [PL 2011, c. 90, Pt. C, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. C, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §406. General eligibility for certificate of authority

§406. General eligibility for certificate of authority
To qualify for and hold authority to transact insurance in this State, an insurer must be otherwise in compliance with this Title and with its charter powers, and must be an incorporated stock or mutual insurer, or a reciprocal or Lloyd's insurer; of the same general type as may be formed as a domestic insurer under this Title; except that:   [PL 1969, c. 132, §1 (NEW).]
1.
No foreign insurer shall be authorized to transact insurance in this State unless as to insurance written in this State it maintains reserve as required by chapter 11 (assets and liabilities); or which, if other than a property or casualty insurer, transacts business anywhere in the United States on the assessment plan, or stipulated premium plan, or any similar plan;
[PL 1969, c. 132, §1 (NEW).]
2.
No insurer shall be authorized to transact a kind of insurance in this State unless duly authorized or qualified to transact such insurance in the state or country of its domicile;
[PL 1969, c. 132, §1 (NEW).]
3.
No insurer shall be authorized to transact in this State any kind of insurance which is not within the definitions as set forth in chapter 9 (kinds of insurance);
[PL 1969, c. 132, §1 (NEW).]
4.
No such authority shall be granted or continued as to any insurer while in arrears to the State for fees, licenses, taxes, assessments, fines or penalties accrued on business previously transacted in this State;
[PL 1969, c. 132, §1 (NEW).]
5.
A Lloyd's insurer shall be treated as a stock insurer for the purposes of this Title, with net assets over all liabilities to be not less than the capital funds required of a foreign stock insurer transacting the same kinds 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 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §407. Same; ownership, management

§407. Same; ownership, management
1.
No foreign insurer which is directly or indirectly owned or controlled in whole or substantial part by any government or governmental agency, other than of the Government of the United States of America, shall be authorized to transact insurance in Maine. Membership in a mutual insurer, or subscribership in a reciprocal insurer, or ownership of stock of an insurer by the alien property custodian or similar official of the United States, or ownership of stock or other security which does not have voting rights with respect to the management of the insurer, or supervision of an insurer by public authority, shall not be deemed to be an ownership or control of the insurer for the purposes of this provision.
[PL 1969, c. 132, §1 (NEW).]
2.
The superintendent may not grant or continue authority to transact insurance in this State as to any insurer or proposed insurer, any director, officer or other individual materially part of the management of which is found by the superintendent after investigation or upon reliable information to be incompetent, or dishonest, or untrustworthy, or of unfavorable business repute, or the managers of which are so lacking in insurance company managerial experience in operations of the kind proposed in this State as to make such operation, currently or prospectively, hazardous to, or contrary to the best interests of, the insurance-buying or investing public of this State; or which the superintendent has good reason to believe is affiliated directly or indirectly through ownership, control, management, reinsurance transactions or other business relations, with any person or persons of unfavorable business repute, or whose business operations in this State or elsewhere are or have been marked, to the injury of insurers, stockholders, policyholders, creditors or the public, by illegality, or by manipulation of assets, or of accounts, or of reinsurance or by bad faith.
[RR 2021, c. 1, Pt. B, §177 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §177 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §408. Name of insurer

§408. Name of insurer
1.
No insurer shall be formed or authorized to transact insurance in this State which has or uses a name which is the same as or deceptively similar to that of another insurer already so authorized.
[PL 1969, c. 132, §1 (NEW).]
2.
No life insurer shall be so authorized which has or uses a name deceptively similar to that of another insurer, other than a predecessor in interest, authorized to transact insurance in this State within the preceding 10 years, if life insurance policies originally issued by such other insurer are still outstanding in this State.
[PL 1969, c. 132, §1 (NEW).]
3.
No insurer shall be formed or authorized to transact insurance which has or uses a name the same as or deceptively similar to that of any foreign insurer not so authorized if such foreign insurer has within the next preceding 12 months signified its intention to secure an incorporation in this State under such name, or to do business as a foreign insurer in this State under such name, by filing notice of such intention with the superintendent, unless the written consent to the use of such name or deceptively similar name has been given by such foreign insurer.
[PL 1973, c. 585, §12 (AMD).]
4.
No insurer shall be so authorized which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer.
[PL 1969, c. 132, §1 (NEW).]
5.
In case of conflict of names between 2 insurers, or a conflict otherwise prohibited under this section, the superintendent may permit, or shall require as a condition to the issuance of an original certificate of authority to an applicant insurer, the insurer to use in this State such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict.
[PL 1973, c. 585, §12 (AMD).]
6.
Except as provided in subsection 5, an insurer shall conduct its business in this State in its own corporate, if incorporated, or proper, if a reciprocal, name.
[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 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §409. Insurance lines combinations

§409. Insurance lines combinations
An insurer may be authorized to transact such kinds of insurance as it is qualified for under this Title, except that a reciprocal insurer may not transact life insurance. Qualified insurers may transact combinations of business as follows.   [PL 1991, c. 385, §1 (AMD).]
1.  Multiple lines insurer.
A multiple lines insurer is authorized to transact more than one kind of coverage if all kinds of coverage fall within the categories listed in sections 704 to 708.
[PL 1991, c. 385, §1 (NEW).]
2.  All lines insurer.
An all lines insurer is authorized to transact life insurance and one or more of the kinds of coverage, other than health insurance, that may be transacted by a multiple lines insurer.
[PL 1991, c. 385, §1 (NEW).]
3.  Life or health insurer.
A life or health insurer is authorized to transact life insurance, life and annuity insurance or health insurance as defined in sections 702 to 704‑A. A life insurer, health insurer or a life and health insurer does not become an all lines insurer merely by transacting specific lines of casualty insurance that life or health insurers are expressly authorized by law to transact.
[PL 2007, c. 199, Pt. E, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 385, §1 (AMD). PL 2007, c. 199, Pt. E, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §411. Insuring combinations without additional capital funds

§411. Insuring combinations without additional capital funds
Without additional paid-in capital stock or additional surplus, an authorized insurer may also be authorized:   [PL 1969, c. 132, §1 (NEW).]
1.
If a life insurer, to grant annuities;
[PL 1969, c. 132, §1 (NEW).]
2.
If a health insurer, to insure against congenital defects, as defined in section 707;
[PL 1969, c. 132, §1 (NEW).]
3.
If a casualty insurer or multiple line insurer, to transact health insurance; except that this provision does not apply to a domestic insurer authorized to transact casualty insurance only, pursuant to section 410, subsection 1, paragraph A; or
[PL 1991, c. 385, §3 (AMD).]
4.
To transact employee benefit excess insurance to the extent authorized pursuant to section 707, subsection 3.
[PL 1991, c. 385, §4 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 385, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §413-A. Alien insurer; port of entry

§413-A. Alien insurer; port of entry
1.  Port of entry.
An alien insurer that has been authorized by the superintendent to use the State as its port of entry for the transaction of business in the United States is considered a domestic insurer to the extent provided in this section. An alien insurer that has been approved by another state to use that state as its port of entry is considered to be domiciled in that state in the same manner, if there is a valid reciprocity agreement between that state and this State or if the superintendent has determined that the applicable laws of that state are substantially similar to this section and its implementing rules.
[PL 1999, c. 113, §17 (AMD).]
2.  Rules.
The superintendent shall adopt rules establishing the terms and conditions of port of entry authorization, which include without limitation:
A. The requirements an alien insurer must satisfy to qualify for port of entry authorization. These requirements must include, at a minimum:
(1) Agreement to adhere to all laws applicable to domestic insurers;
(2) Maintenance of appropriate trust surplus or other adequate security within the State;
(3) Maintenance of records of all United States operations within the State; and
(4) Maintenance of a separate financial reporting system for United States operations;   [PL 1995, c. 375, Pt. D, §1 (NEW).]
B. The procedures for obtaining, maintaining and terminating port of entry authorization; and   [PL 1995, c. 375, Pt. D, §1 (NEW).]
C. Modifications of the provisions of this Title, and of the rules adopted by the superintendent that apply to domestic insurers, as the superintendent determines necessary for the appropriate regulation of alien insurers with port of entry authorization.   [PL 1995, c. 375, Pt. D, §1 (NEW).]
[PL 1995, c. 375, Pt. D, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 375, §D1 (NEW). PL 1999, c. 113, §17 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §415. Continuation of certificate of authority

§415. Continuation of certificate of authority
1.
A certificate of authority continues in force as long as the insurer is entitled under this Title and until suspended or revoked by the superintendent or terminated at the insurer's request.
A.   [PL 1995, c. 544, §3 (RP).]
B.   [PL 1995, c. 544, §3 (RP).]
C.   [PL 1995, c. 544, §3 (RP).]
[PL 1995, c. 544, §3 (AMD).]
2.
[PL 1995, c. 544, §4 (RP).]
3.
The superintendent may, upon the insurer's request made within 3 months after suspension, reinstate a certificate of authority that the superintendent suspended due to the insurer's failure to pay the annual fee upon payment by the insurer of the fee for reinstatement specified in section 601. Otherwise the insurer may be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this State.
[PL 1997, c. 592, §11 (AMD).]
4.
[PL 1997, c. 592, §11 (RP).]
5.
[PL 1997, c. 592, §11 (RP).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1975, c. 767, §§10,11 (AMD). PL 1977, c. 222, §1 (AMD). PL 1977, c. 694, §398 (AMD). PL 1981, c. 501, §§39,40 (AMD). PL 1995, c. 544, §§3,4 (AMD). PL 1997, c. 592, §11 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §415-A. Termination of certificate of authority

§415-A. Termination of certificate of authority
An authorized insurer which elects to terminate its license authority in this State, in whole or in part, shall submit a withdrawal plan designed to protect policyholders and claimants which is subject to approval by the superintendent. The insurer shall submit its plan at least 60 days prior to its proposed date of withdrawal. The plan shall include, but not be limited to, requirements and procedures for meeting the insurer's existing contractual obligations, providing security in the event of a subsequent insolvency and meeting any applicable statutory obligations. The plan shall also comply with any further terms and conditions which are prescribed by rules adopted by the superintendent. In order to protect the interest of the people of this State, the superintendent may require the insurer to make a deposit of securities of a nature and type eligible under section 1253, to be held in trust by the treasurer in the name of the superintendent.   [PL 1985, c. 330, §5 (NEW).]
If an insurer's license authority is revoked, suspended or otherwise terminated in a manner other than by its election, the superintendent shall issue an order which prescribes terms and conditions related to the license termination which shall, to the extent practicable, conform to the requirements governing withdrawal plans as prescribed by this section and rules promulgated under this section. In the event that an insurer attempts to terminate its license authority in this State without filing a withdrawal plan acceptable to the superintendent, the superintendent shall issue an order prescribing the terms and conditions of the termination. Any order issued pursuant to this section, including an order directing an insurer to produce relevant information, may be enforced as provided by section 214.   [PL 1985, c. 330, §5 (NEW).]
SECTION HISTORY
PL 1985, c. 330, §5 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS › 24-A §416. Petition for suspension or revocation of certificate of authority; mandatory grounds

§416. Petition for suspension or revocation of certificate of authority; mandatory grounds
1.
Notwithstanding Title 4, chapter 5, and Title 5, section 10051, the superintendent shall refuse to continue or shall suspend or revoke an insurer's certificate of authority:
A. If such action is required by any provision of this Title;   [PL 1983, c. 419, §1 (AMD).]
B. If a foreign insurer and it no longer meets the requirements for a certificate of authority, on account of deficiency of capital or surplus or otherwise;   [PL 1983, c. 419, §1 (AMD).]
C. If a domestic insurer and it has failed to cure an impairment of capital or surplus within the time allowed therefor by the superintendent under this Title or is otherwise no longer qualified for the certificate of authority;   [PL 1983, c. 419, §1 (AMD).]
D. If the insurer's certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States, if an alien insurer; or   [PL 1969, c. 132, §1 (NEW).]
E. For failure of the insurer to pay taxes on its premiums as required by law.   [PL 1969, c. 132, §1 (NEW).]
[PL 1999, c. 547, Pt. B, §44 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
2.
Except in case of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in subsection 1, paragraph D, the superintendent shall give the insurer at least 20 days notice in advance of any such refusal, suspension or revocation under this section and of the particulars of the reasons therefor. If the insurer requests a hearing thereon within the 20 days, the request automatically stays the superintendent's proposed action until the superintendent's order is made on that hearing. Hearings held pursuant to this subsection must be held in conformity with Title 5, chapter 375, subchapter 4.
[RR 2021, c. 1, Pt. B, §180 (COR).]
3.
If an action initiated by the superintendent to suspend or revoke an insurer's certificate of authority is based on subsection 1, paragraphs B or C, a sworn statement of financial condition of the insurer signed by an officer of the insurer which indicates that the insurer no longer meets the requirements for a certificate of authority shall be prima facie proof that the requirements for a certificate of authority are not met.
[PL 1983, c. 419, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1971, c. 544, §83 (AMD). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §§399,400 (AMD). PL 1983, c. 419, §1 (AMD). PL 1999, c. 547, §B44 (AMD). PL 1999, c. 547, §B80 (AFF). RR 2021, c. 1, Pt. B, §180 (COR).