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USA Statutes : maine
Title : Title 24-A. MAINE INSURANCE CODE
Chapter : Chapter 01. GENERAL DEFINITIONS AND PROVISIONS
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Title 24-A - §10. Application of code as to particular types of insurers
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§10. Application of code as to particular types of insurers
No provision of this Title shall apply with respect to:
[1969, c. 132, §1 (new).]
1. Domestic mutual assessment insurers, as identified in chapter 51, except as stated in such chapter;
[1969, c. 177, §1 (amd).]
2. Fraternal benefit societies, except as stated in chapter 55;
[1997, c. 676, §2 (amd).]
3.
[1997, c. 457, §9 (rp).]
4. Unless otherwise expressly provided by this Title, a domestic insurer heretofore formed under a special Act of the Legislature,
when inconsistent with such special Act as heretofore amended;
[1997, c. 676, §3 (amd).]
5. The government contracting activities of a health care servicing entity, as defined in Title 22, section 3173, contracting,
whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided
by this Title. This Title may apply to other insurance or managed care activities of a health care servicing entity; or
[1997, c. 676, §4 (new); 2003, c. 689, Pt. B, §6 (rev).]
6. The government contracting activities of a health care servicing entity, as defined in Title 34-B, section 1204, contracting,
whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided
by this Title. This Title may apply to any other insurance or managed care activities of a health care servicing entity.
[1997, c. 676, §4 (new); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1969,
Ch. 177,
§1
(AMD).
PL 1985,
Ch. 399,
§1
(AMD).
PL 1997,
Ch. 457,
§8,9
(AMD).
PL 1997,
Ch. 676,
§2-4
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
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
This page created on: 2005-10-01
Title 24-A - §11. Particular provisions prevail
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§11. Particular provisions prevail
Provisions of this Title as to a particular kind of insurance, type of insurer or matter shall prevail over provisions relating
to insurance, insurers or matters in general.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
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
This page created on: 2005-10-01
Title 24-A - §12-A. Civil penalty and enforcement provisions
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§12-A. Civil penalty and enforcement provisions
1. Civil penalty. Civil penalties may be assessed against any person who:
A. Violates any provision of this Title, Title 24 or any other law enforced by the superintendent;
[1997, c. 634, Pt. B, §1 (rpr).]
B. Violates any rule lawfully adopted by the superintendent; or
[1997, c. 634, Pt. B, §1 (rpr).]
C. Violates any lawful order of the superintendent that has not been stayed by order of the superintendent or the Superior
Court.
[1997, c. 634, Pt. B, §1 (rpr).]
The Superior Court, upon an action brought by the Attorney General, may assess a civil penalty of not less than $500 and not
more than $5,000 for each violation in the case of an individual and not less than $2,000 and not more than $15,000 for each
violation in the case of a corporation or other entity other than an individual, unless the applicable law specifies a different
civil penalty.
The superintendent, following an adjudicatory hearing, may assess a civil penalty of up to $500 for each violation in the
case of an individual and a civil penalty of up to $10,000 for each violation in the case of a corporation or other entity
other than an individual, unless the applicable law specifies a different civil penalty. The superintendent shall notify
the Attorney General or the Attorney General's designee of any such adjudicatory hearing at the time that the notice of hearing
is issued by the superintendent. The superintendent may not assess a civil penalty if the Attorney General notifies the superintendent
that the Attorney General intends to pursue an action in Superior Court to seek civil penalties for the same conduct. If
the Attorney General elects to pursue the noticed action in Superior Court, the Attorney General shall notify the superintendent
of that decision no later than 7 days prior to the hearing.
[2005, c. 41, §1 (amd).]
1-A. Equitable relief; actual damages. In addition to a civil penalty awarded pursuant to subsection 1, the Superior Court may award to any injured insured or
applicant for insurance who is represented by the Attorney General reasonable equitable relief and actual damages.
[1989, c. 826 (new).]
2. Cease and desist orders. The superintendent may issue a cease and desist order following an adjudicatory hearing held in conformance with Title 5,
chapter 375, subchapter IV, if the superintendent finds that any person has engaged in or is engaging in any act or practice
in violation of any law administered or enforced by the superintendent, any rules promulgated under that law or any lawful
order of the superintendent.
A. A cease and desist order is effective when issued, unless the order specifies a later effective date or is stayed pursuant
to Title 5, section 11004.
[1991, c. 298, §1 (amd).]
B. In the event an appeal is taken, the court shall issue its own order for compliance to the extent that the superintendent's
order is affirmed.
[1989, c. 269, §3 (new).]
C. Violation of any cease and desist order shall be punishable as a violation of this Title in accordance with this section.
[1989, c. 269, §3 (new).]
[1991, c. 298, §1 (amd).]
2-A. Emergency cease and desist. The superintendent may issue an emergency cease and desist order, without prior notice and hearing, if the complaint shows
that a person is engaging in unlicensed insurance activities or is engaging in conduct that creates an immediate danger to
the public safety or is causing or is reasonably expected to cause significant, imminent and irreparable public injury.
A. A request for an emergency cease and desist order must be in writing in the form of a verified complaint.
[1991, c. 298, §2 (new).]
B. An emergency cease and desist order is effective immediately and will continue in force and effect until further order by
the superintendent or unless stayed by the superintendent or by a court of competent jurisdiction.
[1991, c. 298, §2 (new).]
C. Upon issuance of an emergency cease and desist order, the superintendent shall serve on the person affected by the order,
by registered or certified mail to the person's last known address, an order that contains a statement of the charges and
a notice of hearing. The hearing, held in conformance with Title 5, chapter 375, subchapter IV, must be held within 10 days
of the effective date of the emergency order, unless a later time is agreed upon by all parties.
[1991, c. 298, §2 (new).]
D. At the hearing, the superintendent shall affirm, modify or set aside, in whole or in part, the emergency cease and desist
order and may combine and employ any other enforcement or penalty provisions available to the superintendent to arrive at
a final order.
[1991, c. 298, §2 (new).]
E. The superintendent's order after hearing is a final order in all respects and is subject to subsection 2, paragraph A and
section 236.
[1991, c. 298, §2 (new).]
[1991, c. 298, §2 (new).]
3. Reprimand or censure. The superintendent may issue a letter of reprimand or censure to any licensee, but only after opportunity for hearing has
been provided to any and all persons who are subjects of the reprimand.
[1989, c. 269, §3 (new).]
4. Refunds of overcharges. In the event that any insurer, nonprofit hospital service plan, nonprofit medical service plan, nonprofit health care plan,
health maintenance organization or preferred provider organization makes charges to any person which are not in conformity
with a filing which it is required to submit for approval or disapproval by this Title or Title 24, the superintendent may
order that refunds of any overcharges be made.
[1989, c. 269, §3 (new).]
5. Election of enforcement options. The superintendent may elect to utilize any or all of the enforcement options provided by this section, in combination or
in sequence, as the superintendent deems appropriate. The penalties and provisions of this section are in addition to any
other penalty provided by law.
[1989, c. 269, §3 (new).]
6. Restitution. The superintendent may order restitution for any insured or applicant for insurance injured by a violation for which a civil
penalty may be assessed pursuant to this section.
[1989, c. 826 (new).]
Section History:
PL 1989,
Ch. 269,
§3
(NEW).
PL 1989,
Ch. 826,
§
(AMD).
PL 1991,
Ch. 298,
§1,2
(AMD).
PL 1997,
Ch. 634,
§B1
(AMD).
PL 2001,
Ch. 165,
§B1
(AMD).
PL 2005,
Ch. 41,
§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
This page created on: 2005-10-01
Title 24-A - §12. General penalty (REPEALED)
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§12. General penalty (REPEALED)
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1969,
Ch. 177,
§1-A
(RPR).
PL 1989,
Ch. 269,
§2
(RP ).
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
This page created on: 2005-10-01
Title 24-A - §13. Retention of unpaid premium
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§13. Retention of unpaid premium
Any insurance company, broker or agent may retain an amount equal to any undisputed unpaid premium due on the policy under
which a claim is being presented, in connection with claims by and settled with an insured, as long as the unpaid premium
remains unpaid 60 days after the effective date of that policy or the date of the original billing for the unpaid premium,
whichever occurs later. The unpaid premium may not be retained as against any loss payee or mortgagee named in the policy
up to the amount of the unpaid balance owed to that loss payee or mortgagee on the date the loss that gave rise to the claim
occurred. This section does not apply to a health insurance policy.
[1993, c. 117, §1 (new).]
Section History:
PL 1993,
Ch. 117,
§1
(NEW).
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
This page created on: 2005-10-01
Title 24-A - §2. "Person" defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§2. "Person" defined
"Person" includes an individual, firm, partnership, corporation, association, syndicate, organization, society, business trust,
attorney-in-fact and every natural or artificial legal entity.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
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
This page created on: 2005-10-01
Title 24-A - §3. "Insurance" defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§3. "Insurance" defined
"Insurance" means a contract under which one undertakes to pay or indemnify another as to loss from certain specified contingencies
or perils, to pay or grant a specified amount or determinable benefit or annuity in connection with ascertainable risk contingencies
or to act as surety, except that the following types of contracts are not considered insurance:
[1997, c. 592, §9 (rpr).]
1. Charitable gift annuity. A charitable gift annuity agreement, as defined in section 703-A;
[1997, c. 592, §9 (new).]
2. Road or tourist service contract. A road or tourist service contract, other than a contract issued by a licensed insurer, related to the repair, operation
and care of automobiles or to the protection and assistance of automobile owners or drivers; and
[1997, c. 592, §9 (new).]
3. Home service contract. A home service contract whereby, for a set fee and specified duration, a person agrees to defray the cost of repair or replacement
or provide or arrange for the repair or replacement of all or any part of any structural component, appliance or system of
a home necessitated by wear and tear, deterioration or inherent defect or by failure of an inspection to detect the likelihood
of any such loss.
[1997, c. 592, §9 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1995,
Ch. 375,
§C1
(AMD).
PL 1997,
Ch. 457,
§7
(AMD).
PL 1997,
Ch. 592,
§9
(RPR).
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
This page created on: 2005-10-01
Title 24-A - §4. "Insurer" defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§4. "Insurer" defined
"Insurer" includes every person engaged as principal and as indemnitor, surety or contractor in the business of entering into
contracts of insurance.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
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
This page created on: 2005-10-01
Title 24-A - §5. Superintendent, bureau defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§5. Superintendent, bureau defined
1. Superintendent. "Superintendent" means the Superintendent of the Bureau of Insurance.
[1973, c. 585, § 6 (rpr).]
2. Bureau. "Bureau" means the Bureau of Insurance.
[1973, c. 585, § 6 (rpr).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1973,
Ch. 585,
§6
(RPR).
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
This page created on: 2005-10-01
Title 24-A - §6. "Domestic," "foreign," "alien" insurer defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§6. "Domestic," "foreign," "alien" insurer defined
1. Domestic insurer. A "domestic" insurer is one formed under the laws of this State.
[1969, c. 132, § 1 (new).]
2. Foreign insurer. A "foreign" insurer is one formed under the laws of any jurisdiction other than this State.
[1969, c. 132, § 1 (new).]
3. Alien insurer. An "alien" insurer is a foreign insurer formed under the laws of any country other than the United States of America, its
states, districts, commonwealths and possessions.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
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
This page created on: 2005-10-01
Title 24-A - §7. "State" defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§7. "State" defined
When in context signifying other than this State, "state" means any state, district, territory, commonwealth or possession
of the United States of America.
[1995, c. 329, §3 (amd).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1995,
Ch. 329,
§3
(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
This page created on: 2005-10-01
Title 24-A - §8. "Authorized," "unauthorized" insurer defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§8. "Authorized," "unauthorized" insurer defined
1. Authorized insurer. An "authorized" insurer is one duly authorized to transact insurance in this State by a subsisting certificate of authority
issued by the superintendent.
[1973, c. 585, § 12 (amd).]
2. Unauthorized insurer. An "unauthorized" insurer is one not so authorized.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
PL 1973,
Ch. 585,
§12
(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
This page created on: 2005-10-01
Title 24-A - §9. "Transacting insurance" defined
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§9. "Transacting insurance" defined
In addition to other aspects of insurance operations to which provisions of this Title by their terms apply, "transact" with
respect to a business of insurance includes any of the following, whether by mail or any other means:
[1969, c. 132, § 1 (new).]
1. Solicitation or inducement;
[1969, c. 132, § 1 (new).]
2. Negotiations;
[1969, c. 132, § 1 (new).]
3. Effectuation of a contract of insurance;
[1969, c. 132, § 1 (new).]
4. Transaction of matters subsequent to effectuation and arising out of such a contract.
[1969, c. 132, § 1 (new).]
Section History:
PL 1969,
Ch. 132,
§1
(NEW).
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
This page created on: 2005-10-01
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