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USA Statutes : maine
Title : Title 14. COURT PROCEDURE -- CIVIL
Chapter : Chapter 03. PLEADINGS
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Title 14 - §51. Actions on insurance policies
Title 14: COURT PROCEDURE -- CIVIL
Part 1: GENERAL PROVISIONS
Chapter 3: PLEADINGS
§51. Actions on insurance policies
In all actions on insurance policies, a complaint on an account annexed, with an allegation that the plaintiff has complied
with all conditions of the policy of insurance mentioned in the account annexed, shall be deemed sufficient. The account annexed
shall state the number of the policy and the amount claimed as due, both as principal sum and interest, if any. The fact that
the amount claimed in the account annexed varies from the amount found to be due the plaintiff shall not defeat the action
unless there be a fraudulent claim of an excessive amount. If the defendant relies upon the breach of any condition of the
policy by the plaintiff as a defense, it shall set the same up by answer, and all conditions, the breach of which is known
to the defendant and not so pleaded, shall be deemed to have been complied with by the plaintiff. The plaintiff by a reply
to the answer may set up any matter waiving or legally excusing his noncompliance with conditions as alleged by the defendant.
Nothing in this section shall be construed as changing in any way the common law burden of proof as to such matters as are
so put in issue under the pleadings.
[1979, c. 541, Pt. A, § 137 (amd).]
Section History:
PL 1979,
Ch. 541,
§A137
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §52. Ad damnum clause
Title 14: COURT PROCEDURE -- CIVIL
Part 1: GENERAL PROVISIONS
Chapter 3: PLEADINGS
§52. Ad damnum clause
No dollar amount or figure may be included in the demand in any civil case, but the prayer must be for such damages as are
reasonable in the premises. This section does not apply to a demand for liquidated damages.
[2001, c. 17, §1 (amd).]
Section History:
PL 1987,
Ch. 646,
§1
(NEW).
PL 2001,
Ch. 17,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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