reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2168-A. Tie-in sales of insurance

§2168-A. Tie-in sales of insurance
1.  Definition.
As used in this section, "tie-in sales" means the practice of tying the sale of one product to another.
[PL 1991, c. 49 (NEW).]
2.  Prohibited tie-in sales.
In the purchase of insurance, tie-in sales are an unfair trade practice when:
A. The consumer is required to place additional coverage with an insurer not of the consumer's choice in order to obtain a desired coverage; and   [PL 1991, c. 49 (NEW).]
B. The consumer's alternative opportunities to purchase the desired coverage are severely limited or nonexistent.   [PL 1991, c. 49 (NEW).]
[PL 1991, c. 49 (NEW).]
3.  Penalties.
An insurance contract sold in violation of the provisions of this section is voidable at the option of the consumer. Violations of this section are enforceable through section 12‑A.
[PL 1991, c. 49 (NEW).]
SECTION HISTORY
PL 1991, c. 49 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2168-B. Solicitation or negotiation involving purchasers or borrowers

§2168-B. Solicitation or negotiation involving purchasers or borrowers
A licensed agent or broker affiliated with a lender or creditor may not solicit an application for an insurance contract in connection with the extension of credit or negotiate such a contract from a purchaser or borrower whom the agent or broker knows, or should have known, has applied to receive an extension of credit from that lender or creditor until such time as the creditor or lender has provided by hand or sent written notice to the purchaser or borrower of its action on the application or has documented in writing in the lender's or creditor's records its action on the application. This section does not limit the ability of a lender or creditor to do any of the following:   [PL 1997, c. 315, §25 (NEW).]
1.  Marketing activities.
To engage at any time in marketing activities and solicitations for the sale of insurance, including through the mail or by telephone, that are not specifically directed toward purchasers or borrowers who have applied to receive an extension of credit.
[PL 1997, c. 315, §25 (NEW).]
This section does not apply to group health and group life insurance to the extent authorized by chapters 31 and 35 when the insured is enrolled in the insurance policy, credit life and credit health insurance to the extent authorized by chapter 37, credit property insurance, credit involuntary unemployment insurance, forced placed property insurance, a vendor's single interest policy or any other insurance product as determined by the superintendent.   [PL 1997, c. 315, §25 (NEW).]
"Affiliate" has the same meaning as set forth in section 1443‑A, subsection 1, paragraph A with respect to financial institutions and credit unions and in Title 9‑A, section 4‑403 with respect to supervised lenders.   [PL 1999, c. 127, Pt. A, §40 (AMD).]
SECTION HISTORY
PL 1997, c. 315, §25 (NEW). PL 1999, c. 127, §A40 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2169-A. Confidentiality of insurance information obtained by lenders

§2169-A. Confidentiality of insurance information obtained by lenders
1.  Prohibited use of information.
If a lender or creditor requires a purchaser or borrower to provide insurance information in connection with the extension of credit, an insurance agent or broker affiliated with that lender or creditor may not later use the information obtained to solicit or offer insurance directly to the purchaser or borrower. "Insurance information" means copies of insurance policies, binders, rates and expiration dates not otherwise in the possession of the agent or broker. "Affiliate" has the same meaning as set forth in section 1443‑A, subsection 1, paragraph A with respect to financial institutions and credit unions or in Title 9‑A, section 4‑403 with respect to supervised lenders.
[PL 1999, c. 127, Pt. A, §42 (AMD).]
2.  Use of information with consent.
Notwithstanding subsection 1, an insurance agent or broker affiliated with a lender or creditor may use the insurance information obtained from the purchaser or borrower to solicit or offer insurance to the customer if the customer consents in writing to the use of the information. This consent may not be a condition of the extension of credit to the customer.
[PL 1997, c. 315, §27 (NEW).]
3.  Information permitted under Fair Credit Reporting Act.
Notwithstanding subsection 1, a lender or creditor may exchange insurance information with its affiliates as permitted under the Fair Credit Reporting Act pursuant to Title 10, chapter 209‑B or 15 United States Code, Chapter 41.
[PL 2013, c. 588, Pt. C, §6 (AMD).]
SECTION HISTORY
PL 1997, c. 315, §27 (NEW). PL 1999, c. 127, §A42 (AMD). PL 2013, c. 588, Pt. C, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2170. Certain fees for handling insurance transactions in connection with loans prohibited

§2170. Certain fees for handling insurance transactions in connection with loans prohibited
1.
No person who makes a loan on real or personal property shall in connection with such a transaction make any separate charge to or require any fee from or require the payment of any money for handling insurance papers for an insurer, insurance agency, borrower, mortgagor or purchaser, other than the insurance premium on insurance written as additional security for the loan. This prohibition includes any separate charge or fee or payment of any money for the substitution by a borrower or a mortgagor or a purchaser of one insurance policy on the property for an existing policy on the property when the existing or substituted policy is provided through an insurer or insurance agent or broker licensed to do business in the State.
[PL 1969, c. 132, §1 (NEW).]
2.
This section does not prohibit fees paid to a lender for handling or processing credit accident and health or credit life insurance not exceeding 10% of prima facie premiums as set forth by rules adopted by the superintendent.
[PL 1993, c. 208, §2 (AMD).]
3.
Nothing in this section prevents the payment of the interest which may be charged on premium loans or premium advances in accordance with the security agreement, or the payment of dividends to group policyholders provided that the payment of dividends to group credit life and group credit health policyholders shall be subject to such rules and regulations as shall be promulgated by the superintendent.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §34 (AMD). PL 1973, c. 585, §12 (AMD). PL 1993, c. 208, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2171. Using insurance information to detriment of another

§2171. Using insurance information to detriment of another
Whenever the instrument requires that the purchaser, mortgagor or borrower furnish insurance of any kind on real or personal property being conveyed or as collateral security to a loan, the mortgagee or lender shall refrain from selling, transferring or otherwise disclosing or using any and all such insurance information to the mortgagee's or lender's own advantage and to the detriment of either the borrower, purchaser, mortgagor, insurer or company or agency complying with the requirements relating to insurance.   [PL 1989, c. 449 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1989, c. 449 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2172. Fictitious groups prohibited

§2172. Fictitious groups prohibited
1.
No insurer or person on behalf of any insurer shall offer, make or permit any preference or distinction for purposes of any property, casualty or, surety insurance coverage, as to form of policy, certificate, premium, rates, benefits or conditions of insurance, whether by master policy, individual policies, certificates of insurance or by any other means, based upon membership, nonmembership, or employment of any person or persons in or by, any group, association, corporation, organization or other combination of persons, based upon marketing through groups, associations, corporations, organizations or other combination of persons, or based upon a group or mass merchandising program of any kind; and shall not make any such preference or distinction available in any event based upon any fictitious grouping of persons. For the purposes of this section a fictitious grouping is defined as any grouping by other than a common insurable interest as to the subject of the insurance and the risk to be insured.
[PL 1969, c. 402, §4 (AMD).]
2.
This section shall not apply as to any grouping placed in effect prior to January 1, 1968.
[PL 1969, c. 402, §4 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 402, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2173. Interlocking ownership; management

§2173. Interlocking ownership; management
1.
Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with any other provision of this Title, or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create any monopoly therein.
[PL 1969, c. 132, §1 (NEW).]
2.
Any person otherwise qualified may be a director of 2 or more insurers which are competitors, unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create any monopoly.
[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 §2174. Illegal dealing in premiums; excess charges for insurance

§2174. Illegal dealing in premiums; excess charges for insurance
1.
No person shall knowingly collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this Title.
[PL 1969, c. 132, §1 (NEW).]
2.
No person shall willfully collect as premium or charge for insurance any sum in excess of the premium or charge applicable to such insurance, and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the superintendent; or, in cases where classifications, premiums, or rates are not required by this Title to be so filed and approved, such premiums and charges shall not be in excess of those specified in the policy and as fixed by the insurer. This provision shall not be deemed to prohibit the charging and collection, by surplus lines brokers licensed under chapter 19, of the amount of applicable state and federal taxes and nominal service charge to cover communication expenses, in addition to the premium required by the insurer. This provision shall not be deemed to prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2174-A. Public works employees' insurance rates

§2174-A. Public works employees' insurance rates
1.  Definitions.
For the purposes of this section, "public works employee" means a government employee, as defined by Title 14, section 8102, subsection 1, whose employment involves the care, maintenance or construction of municipally or state-owned buildings, open space, parks, parking facilities, waste water treatment systems, sewers or other property, roads, highways or other public ways. For purposes of this section, "public works employee" also includes an individual who is an independent contractor or employee of an independent contractor, under contract to the governmental entity and whose employment involves the functions listed in this subsection.
[PL 1989, c. 362 (NEW).]
2.  Public works employees.
No insurer may increase the premium for a personal insurance policy providing motor vehicle liability or collision insurance to a public works employee on the basis of one or more accidents involving a motor vehicle operated by that employee if:
A. The accident occurred while the employee was operating a motor vehicle in the course and scope of employment; and   [PL 1989, c. 362 (NEW).]
B. There is a policy of insurance other than the personal insurance policy providing motor vehicle liability or collision coverage for the accident or accidents.   [PL 1989, c. 362 (NEW); PL 1989, c. 737, §1 (AMD).]
[PL 1989, c. 362 (NEW); PL 1989, c. 737, §1 (AMD).]
3.  Governmental entity.
This section in no way restricts the premium an insurer may charge a governmental entity, as defined in Title 14, section 8102, subsection 2, for an insurance policy providing motor vehicle liability or collision insurance covering public works employees.
[PL 1989, c. 362 (NEW).]
SECTION HISTORY
PL 1989, c. 362 (NEW). PL 1989, c. 737, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2174-B. Law enforcement officers' and emergency responders' insurance rates

§2174-B. Law enforcement officers' and emergency responders' insurance rates
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Law enforcement officer" means any person employed by a governmental entity who by virtue of that employment is vested by law with a duty to investigate and prosecute violators of the laws of this State and to arrest the offenders of the laws.   [PL 1989, c. 737, §2 (NEW).]
B. "Emergency responder" means:
(1) A municipal firefighter, as defined in Title 30‑A, section 3151, subsection 2; or a volunteer firefighter, as defined in Title 30‑A, section 3151, subsection 4, who is operating a municipal vehicle; or
(2) An operator of a vehicle under Title 29‑A, section 2054 that is licensed or authorized pursuant to Title 32, chapter 2‑B as an ambulance or emergency medical services vehicle, when that operator is acting with the approval of an ambulance service or nontransporting service licensed pursuant to Title 32, chapter 2‑B.   [PL 2011, c. 493, §1 (NEW).]
[PL 2011, c. 493, §1 (AMD).]
2.  Law enforcement officers; emergency responders.
An insurer may not increase the premium for a personal insurance policy providing motor vehicle liability or collision insurance to a law enforcement officer or an emergency responder on the basis of one or more accidents involving a motor vehicle operated by the officer or emergency responder if:
A. The accident occurred while the officer or emergency responder was operating a motor vehicle in the course and scope of employment; and   [PL 2011, c. 493, §1 (AMD).]
B. There is a policy of insurance other than the personal policy providing motor vehicle liability or collision coverage for the accident or accidents.   [PL 1989, c. 737, §2 (NEW).]
[PL 2011, c. 493, §1 (AMD).]
3.  Governmental entity.
This section in no way restricts the premium an insurer may charge a governmental entity for an insurance policy providing motor vehicle liability or collision insurance covering law enforcement officers or emergency responders.
[PL 2011, c. 493, §1 (AMD).]
4.  Penalty.
An insurer who violates this section commits a civil violation pursuant to section 12‑A.
[PL 1997, c. 114, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 737, §2 (NEW). PL 1997, c. 114, §1 (AMD). PL 2011, c. 493, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2175. Insurer's ownership of funeral establishment or cemetery prohibited

§2175. Insurer's ownership of funeral establishment or cemetery prohibited
No insurer may own or manage or supervise or operate or maintain a mortuary establishment , a funeral establishment, a cemetery, a cemetery corporation or association, a crematorium, a mausoleum or a columbarium.   [PL 1989, c. 206, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1989, c. 206, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2176. Funeral and burial service contracts prohibited

§2176. Funeral and burial service contracts prohibited
An insurer may not contract or agree with any funeral director, funeral establishment, mortuary establishment, cemetery, cemetery corporation or association, crematorium, mausoleum or columbarium or any representative of any of these directors or establishments to the effect that the director or establishment shall conduct the funeral, burial, or cremation or other disposal of the remains of any individual insured by the insurer. An insurer may not retain, utilize or employ any director or establishment as a producer or agency of the insurer and a director or establishment may not act as or purport to be an insurance producer or engage in insurance producer activities. Nothing in this section prevents compliance with Title 39‑A, section 216, or the use of an insurance policy, including, subject to the provisions of section 2420, the assignment of rights under life insurance contracts, to provide security for the payment for a funeral, burial or cremation or, subject to chapter 27, the naming of a funeral home or funeral director as beneficiary under a life insurance policy to provide payment for a funeral, burial or cremation. Nothing in this section prohibits the use of an insurance policy as an investment by a mortuary trustee pursuant to Title 32, section 1401.   [PL 1999, c. 258, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1989, c. 206, §2 (AMD). PL 1991, c. 885, §E27 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1999, c. 258, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2177. Insurer name -- deceptive use prohibited

§2177. Insurer name -- deceptive use prohibited
No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer.   [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 §2178. False applications, claims, proofs of loss; penalty

§2178. False applications, claims, proofs of loss; penalty
No agent, broker, solicitor, examining physician, applicant or other person may knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for insurance; or for the purpose of obtaining any money or benefit, knowingly or wilfully present or cause to be presented a false or fraudulent claim; or any proof in support of such a claim for the payment of the loss upon a contract of insurance; or prepare, make, or subscribe a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of such a claim. Persons who violate this section are subject to the penalty provided in section 12‑A, or as provided by any other applicable law that provides a greater penalty.   [PL 1991, c. 824, Pt. A, §50 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 824, §A50 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2179. Inquests into insurance frauds

§2179. Inquests into insurance frauds
On application in writing to the superintendent by an officer of any insurer doing business in the State, stating that the officer has reason to believe and does believe that any person has, by false representations, procured from the insurer an insurance, or that the insurer has sustained a loss by the fraudulent act of the insured or with the insured's knowledge or consent, and requesting an investigation thereof, the superintendent shall summon and examine, under oath, at a time and place designated by the superintendent, any persons and require the production of all books and papers necessary for a full investigation of the facts and make report thereof, with the testimony by the superintendent taken, to the insurer making such application.   [RR 2021, c. 1, Pt. B, §206 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §206 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2180. Unfair and coercive insurance requirements

§2180. Unfair and coercive insurance requirements
No officer or employee of this State, or of any political subdivisions or quasi-municipal corporations, or of any public authority, and no person acting or purporting to act on behalf of such officer, employee or public agency or authority, except a public agency or authority created pursuant to agreement or compact with another state, shall, with respect to any public building or construction contract which is about to be or which has been competitively bid, require the bidder to make application to, or furnish financial data to, or to obtain or procure any surety bond or contract of insurance specified in connection with such contract, or specified by any law, ordinance or regulation, from a particular surety or insurance company, agent or broker. No such officer or employee, or person, firm or corporation acting or purporting to act on behalf of such officer or employee, shall negotiate, make application for, obtain or procure any such surety bond or contract of insurance, except contracts of insurance for builder's risk or owner's protective liability, which can be obtained or procured by the bidder, contractor or subcontractor.   [PL 1975, c. 623, §33 (AMD).]
The same prohibition shall extend to and include any and all construction projects which are wholly or in part financed by federal, state or municipal funds.   [PL 1969, c. 504, §40-A (NEW).]
This section shall not apply to any project under design or construction on January 3, 1970, by or on behalf of a public agency or authority if such agency or authority was then engaged in insurance activity with respect to such project that otherwise would be prohibited by this section.   [PL 1969, c. 504, §40-A (NEW).]
SECTION HISTORY
PL 1969, c. 504, §§40-A (NEW). PL 1975, c. 623, §33 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2181. Exceptions

§2181. Exceptions
This section shall not prevent the exercise by such officer or employee on behalf of the State or such public agency or public authority of the right to approve the form, sufficiency or manner of execution of the surety bonds or contracts of insurance furnished by the surety or insurance company selected by the bidder to underwrite said bonds or contracts of insurance.   [PL 1969, c. 504, §40-A (NEW).]
SECTION HISTORY
PL 1969, c. 504, §§40-A (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2182. Application

§2182. Application
All provisions in any invitation for bids, or in any of the contract documents, in conflict with sections 2180 and 2181 are declared to be contrary to the public policy of this State.   [PL 1969, c. 504, §40-A (NEW).]
SECTION HISTORY
PL 1969, c. 504, §§40-A (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2183. Immunity from liability (REPEALED)

§2183. Immunity from liability
(REPEALED)
SECTION HISTORY
PL 1987, c. 345 (NEW). PL 1997, c. 341, §§1,2 (AMD). PL 1997, c. 675, §1 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2184. Credit card charges of insurance purchases (REPEALED)

§2184. Credit card charges of insurance purchases
(REPEALED)
SECTION HISTORY
PL 1991, c. 727, §1 (NEW). PL 1993, c. 135, §2 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2185. Calculation of health benefits based on actual cost

§2185. Calculation of health benefits based on actual cost
All health insurance policies, health maintenance organization plans and subscriber contracts or certificates of nonprofit hospital or medical service organizations with respect to which the insurer or organization has negotiated discounts with providers must provide for the calculation of all covered health benefits, including without limitation all coinsurance, deductibles and lifetime maximum benefits, on the basis of the net negotiated cost and must fully reflect any discounts or differentials from charges otherwise applicable to the services provided. With respect to policies or plans involving risk-sharing compensation arrangements, net negotiated costs may be calculated at the time services are rendered on the basis of reasonably anticipated compensation levels and are not subject to retrospective adjustment at the time a cost settlement between a provider and the insurer or organization is finalized.   [PL 1997, c. 197, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 197, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 23: TRADE PRACTICES AND FRAUDS › 24-A §2189. Requirements related to enrollment in health plans

§2189. Requirements related to enrollment in health plans
1.  Definition.
As used in this section, unless the context otherwise indicates, "exchange" has the same meaning as in section 2188, subsection 1, paragraph A.
[PL 2017, c. 60, §1 (NEW).]
2.  Requirements.
An insurer that offers a health plan in this State through the exchange or outside of the exchange shall pay a commission to a licensed insurance producer appointed by or contracted with the insurer for the enrollment of an individual or employee in a health plan during any annual or special enrollment period.
A commission paid to a licensed insurance producer appointed by or contracted with the insurer for enrollment in a health plan during any special enrollment period must be equal to the commission paid for enrollment during the insurer's annual enrollment period.
[PL 2017, c. 60, §1 (NEW).]
3.  Commission on health plan enrollment initially completed during special enrollment period.
An insurer may not eliminate, restrict or limit the payment of a commission to a licensed insurance producer appointed by or contracted with the insurer for the enrollment of an individual or employee in a health plan during any annual enrollment period on the basis that the producer was not paid a commission for the enrollment of the same individual or employee by the producer in a prior plan year during a special enrollment period.
[PL 2017, c. 60, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 60, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2201. Short title

§2201. Short title
This chapter may be known and cited as the "Insurance Information and Privacy Protection Act."   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2202. Purpose

§2202. Purpose
The purpose of this chapter is to establish standards for the collection, use and disclosure of information gathered in connection with insurance transactions; to maintain a balance between insurance carriers' need for information and the public's need for fair information practices that respect privacy; to establish a regulatory mechanism to enable insurance consumers to ascertain what information is being collected about them and to verify its accuracy; to limit the distribution of information collected in connection with insurance transactions; and to enable consumers to obtain the reasons for adverse underwriting decisions.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2203. Scope

§2203. Scope
1.  Scope.
This chapter applies to all persons and other entities required to be licensed by the superintendent under this Title, or Title 24, and to all insurance support organizations, as defined in section 2204, that collect, maintain or distribute information on residents of this State or arising out of insurance transactions in this State. With respect to particular insurance transactions, this chapter applies if the transaction arises out of a policy, contract or certificate delivered, issued for delivery or renewed in this State or arises out of an application for such coverage. With respect to information practices, this chapter applies if information is collected or maintained in connection with an insurance transaction subject to this chapter or if personal information about residents of this State is collected or maintained in such a manner as to be accessible by the name of the insurance consumer referred to.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
2.  Residents.
For purposes of this chapter, a person is considered a resident of this State if the person's last known mailing address, as shown in the records of the regulated insurance entity or insurance support organization, is in this State.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3.  Exception.
Except to the extent expressly provided in rules adopted by the superintendent pursuant to section 2220, this chapter does not apply to insurance transactions arising out of workers' compensation, medical malpractice, fidelity, suretyship or boiler and machinery insurance or information collected from public records for the purpose of title insurance.
[PL 2001, c. 262, Pt. C, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF). PL 2001, c. 262, §C2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2205. Pretext interviews

§2205. Pretext interviews
A regulated insurance entity or insurance support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction unless that entity or organization does not have a generally or statutorily recognized privileged relationship with the insurance consumer about whom the information is related, the interview is conducted for the purpose of investigating a claim and there is a reasonable basis, supported by specific information available for review by the superintendent, for suspecting criminal activity, fraud, material misrepresentation or material nondisclosure.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2207. Marketing and research surveys

§2207. Marketing and research surveys
A regulated insurance entity that asks questions in connection with an insurance transaction shall clearly identify any questions that are designed to obtain information solely for marketing or research purposes and shall inform consumers that answering the questions is voluntary.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2209. Investigative consumer reports

§2209. Investigative consumer reports
1.  Required notice.
A regulated insurance entity or insurance support organization may not prepare or request an investigative consumer report about an insurance consumer in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the regulated insurance entity complies with the federal Consumer Credit Protection Act, 15 United States Code, Section 1681d and informs the consumer in writing that the consumer may request to be interviewed in connection with the preparation of the investigative consumer report.
[PL 2023, c. 405, Pt. A, §84 (AMD).]
2.  Personal interview.
If an investigative consumer report is to be prepared by the regulated insurance entity, the regulated insurance entity shall institute reasonable procedures to conduct a personal interview when requested by a consumer.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3.  Insurance support organization.
If an investigative consumer report is to be prepared by an insurance support organization, the regulated insurance entity requesting the report shall inform the insurance support organization whether a personal interview has been requested by the consumer. The insurance support organization shall institute reasonable procedures to conduct such interviews.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF). PL 2023, c. 405, Pt. A, §84 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2212. Reasons for adverse underwriting decisions

§2212. Reasons for adverse underwriting decisions
1.  Notice to consumer.
In the event of an adverse underwriting decision, the carrier or producer responsible for the decision shall:
A. Comply with the federal Fair Credit Reporting Act, 15 United States Code, Section 1681m if the decision is based in whole or in part on any information contained in a consumer report;   [PL 2013, c. 588, Pt. D, §6 (AMD).]
B. Either provide the consumer with the specific reason or reasons for the adverse underwriting decision in writing or advise the consumer that upon written request the consumer may receive the specific reason or reasons in writing; and   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
C. Provide the consumer with a summary of the rights established under subsection 2 and sections 2210 and 2211.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
[PL 2013, c. 588, Pt. D, §6 (AMD).]
2.  Request for explanation.
If a consumer makes a written request for explanation of an adverse underwriting decision within 90 days after receiving written notice of the decision, the carrier or producer shall furnish to the consumer within 21 days after receiving the request:
A. The specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to subsection 1, paragraph A or B;   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
B. The specific items of personal information that support those reasons, except that:
(1) The carrier or producer is not required to furnish confidential investigative information if it has a reasonable suspicion, based upon specific information available for review by the superintendent, that the consumer has engaged in criminal activity, fraud, material misrepresentation or material nondisclosure; and
(2) In lieu of disclosure directly to the consumer, the carrier or producer may elect to disclose health care information to a person designated by the consumer who is licensed to provide health care with respect to the condition to which the information relates; and   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
C. The names and addresses of the institutional sources that supplied the specific items of information pursuant to paragraph B, except that the carrier may elect to disclose the identity of any health care provider to the consumer's designated health care practitioner.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3.  Satisfaction by other carrier, producer or administrator.
The obligations imposed by this section upon a carrier or producer may be satisfied by another carrier, producer or administrator authorized to act on its behalf.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF). PL 2013, c. 588, Pt. D, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2213. Information concerning previous adverse underwriting decisions

§2213. Information concerning previous adverse underwriting decisions
Unless an inquiry of a regulated insurance entity or insurance support organization also requests the reasons for the underwriting decision or placement, a regulated insurance entity or insurance support organization may not seek information in connection with an insurance transaction concerning:   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
1.  Previous adverse decision.
Any previous adverse underwriting decision experienced by an insurance consumer; or
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
2.  Residual market, surplus lines or substandard risk carrier.
Any previous insurance coverage obtained by a consumer through a residual market, a surplus lines insurer or a carrier that specializes in substandard risks.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2214. Previous adverse underwriting decisions

§2214. Previous adverse underwriting decisions
A carrier, producer or producer agency may not base an adverse underwriting decision in whole or in part:   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
1.  Previous adverse underwriting decisions.
On the fact of a previous adverse underwriting decision or on the fact that a consumer previously obtained insurance coverage through a residual market, a surplus lines insurer or a carrier that specializes in substandard risks. However, a carrier or producer may base an adverse underwriting decision on further information obtained from a carrier, producer or producer agency responsible for a previous adverse underwriting decision; or
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
2.  Information from insurance support organizations.
On personal information received from an insurance support organization whose primary source of information is insurance carriers. However, a carrier or producer may base an adverse underwriting decision on further personal information obtained as a result of information received from the insurance support organization, including primary source information confirming the information received from the insurance support organization.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2216. Insurance support organizations

§2216. Insurance support organizations
1.  Examination and investigation.
The superintendent may examine and investigate into the affairs of every insurance support organization acting on behalf of a regulated insurance entity that either transacts business in this State or transacts business outside this State that has an effect on a resident of this State in order to determine whether the insurance support organization has been or is engaged in any conduct in violation of this chapter.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
2.  Service of process.
An insurance support organization transacting business outside this State that has an effect on a resident of this State is deemed to have appointed the superintendent to accept service of process on its behalf. Service is complete when the superintendent sends a copy of the process by registered mail to the insurance support organization at its last known principal place of business. The return receipt is sufficient proof that notice was properly mailed by the superintendent.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2217. Individual remedies

§2217. Individual remedies
1.  Appeal to superintendent.
Any insurance consumer aggrieved by a regulated insurance entity's or insurance support organization's response or failure to respond to a request made pursuant to sections 2210, 2211 and 2212 may appeal to the superintendent, who may convene an adjudicatory hearing to determine whether there has been a violation of this chapter and may order the regulated insurance entity or insurance support organization to take such measures as are necessary to comply with this chapter.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
2.  Superior Court action.
An insurance consumer who is injured by a disclosure of information relating to the consumer in violation of section 2215 may bring an action in the Superior Court against the regulated insurance entity or insurance support organization within 2 years after the disclosure is or should have been discovered. The consumer may recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of 1 1/2% per month.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3.  No private right of action.
Except as specifically provided in this section, this chapter provides no express or implied private right of action.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2218. Immunity

§2218. Immunity
No cause of action in the nature of defamation, invasion of privacy or negligence arises against any person for disclosing personal information in accordance with this chapter, nor does such a cause of action arise against any person for furnishing personal information to a regulated insurance entity or insurance support organization. This section provides no immunity for disclosing or furnishing false information with malice or willful intent to injure any person.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2219. Criminal penalties

§2219. Criminal penalties
A person who knowingly obtains personal information under false pretenses from a regulated insurance entity or insurance support organization is guilty of obtaining personal insurance information under false pretenses. Obtaining personal insurance information under false pretenses is a Class D crime.   [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24: INSURANCE INFORMATION AND PRIVACY PROTECTION ACT › 24-A §2220. Rulemaking

§2220. Rulemaking
The superintendent may adopt rules to carry out the purposes of this chapter and the privacy protection provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999). Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 262, Pt. C, §3 (AMD).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF). PL 2001, c. 262, §C3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24-A: PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS › 24-A §2242. Notice and registration requirements of transferees of structured settlements

§2242. Notice and registration requirements of transferees of structured settlements
1.  Notice.
A transferee of structured settlement payment rights that intends to do business in this State shall, prior to doing business, pay the appropriate fee at the rate established in section 601 and furnish notice to the superintendent to:
A. Identify the state in which the transferee is domiciled;   [PL 1999, c. 268, §2 (NEW).]
B. Identify the principal place of business of the group; and   [PL 1999, c. 268, §2 (NEW).]
C. Provide such other information as may be required by the superintendent.   [PL 1999, c. 268, §2 (NEW).]
[PL 1999, c. 268, §2 (NEW).]
2.  Registration.
The transferee shall register with the superintendent and designate an agent solely for the purpose of receiving service of legal documents or process.
[PL 1999, c. 268, §2 (NEW).]
3.  Application of law.
Any transferee that was doing business in this State prior to the effective date of this chapter within 30 days after the effective date of this chapter shall furnish notice to the superintendent pursuant to the requirements of subsection 1 and shall comply with the requirements of subsection 2.
[PL 1999, c. 268, §2 (NEW).]
4.  Notice of change.
A transferee that intends to do business or is doing business in this State shall notify the superintendent within 10 days of any subsequent changes in any information or other items provided pursuant to this section.
[PL 1999, c. 268, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 268, §2 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 24-A: PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS › 24-A §2244. Jurisdiction; filing

§2244. Jurisdiction; filing
1.  Jurisdiction.
The Superior Court has nonexclusive jurisdiction over any application for authorization under this chapter of a transfer of structured settlement payment rights.
[PL 1999, c. 268, §2 (NEW).]
2.  Filing.
Not less than 30 days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under this chapter, the transferee shall file with the court or responsible administrative authority and serve on any other government authority that previously approved the structured settlement, all interested parties, the structured settlement obligor and annuity issuer a notice of the proposed transfer and the application of its authorization, including in that notice:
A. A copy of the transferee's application;   [PL 1999, c. 268, §2 (NEW).]
B. A copy of the transfer agreement;   [PL 1999, c. 268, §2 (NEW).]
C. A copy of the disclosure statement required under section 2243, subsection 2, paragraph B;   [PL 1999, c. 268, §2 (NEW).]
D. Notification that any interested party, structured settlement obligor or annuity issuer is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and   [PL 1999, c. 268, §2 (NEW).]
E. Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which may be not less than 30 days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.   [PL 1999, c. 268, §2 (NEW).]
[PL 1999, c. 268, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 268, §2 (NEW).