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USA Statutes : maine
Title : Title 24-A. MAINE INSURANCE CODE
Chapter : Chapter 39. CASUALTY INSURANCE CONTRACTS
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Title 24-A - §2901. Contracts subject to general provisions
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2901. Contracts subject to general provisions
All contracts of casualty insurance delivered or issued for delivery in this State and covering subjects resident, located,
or to be performed in this State are also subject to the applicable provisions of chapter 27 (the insurance contract) and
to other applicable provisions of this Title.
[1969, c. 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Title 24-A - §2902-A. Household exclusion (REPEALED)
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-A. Household exclusion (REPEALED)
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 - §2902-B. Motorcycle passenger exclusion
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-B. Motorcycle passenger exclusion
No insurer may sell or renew, on or after January 1, 1986, a liability insurance policy covering a motorcycle, as defined
in Title 29-A, section 101, subsection 38, that excludes coverage for injuries sustained by passengers on the insured's motorcycle
unless the insurer notifies the bureau in writing of its utilization of the exclusion, the insurer notifies each of its licensed
agents within the State of its utilization of the exclusion and the exclusion is provided by a separate endorsement to the
insured's policy. An exclusion that does not meet the requirements of this section is invalid and of no effect.
[1995, c. 65, Pt. A, §69 (amd); §153 (aff); Pt. C, §15 (aff).]
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 - §2902-C. Refusal to issue insurance prohibited
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-C. Refusal to issue insurance prohibited
No insurer may refuse to issue motor vehicle liability insurance to an applicant solely because the applicant is 65 years
of age or older.
[1991, c. 106 (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 - §2902-D. Family exclusions prohibited
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-D. Family exclusions prohibited
An insurer may not sell or renew a motor vehicle liability insurance policy on or after January 1, 1994 with a provision that
excludes coverage for injury to the insured or any family member of the insured.
[1993, c. 69, §2 (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 - §2902-E. Limitation on surcharge
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-E. Limitation on surcharge
An insurer may not impose a surcharge or otherwise increase the rate for a motor vehicle insurance policy solely on the basis
that the named insured, a member of the insured's household or a person who customarily operates the insured's vehicle has
had an operator's license suspended pursuant to Title 28-A, sections 2052 and 2053.
[1993, c. 93, §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 - §2902-F. Volunteer drivers
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-F. Volunteer drivers
An insurer may not refuse to issue motor vehicle liability insurance to an applicant solely because the applicant is a volunteer
driver. An insurer may not impose a surcharge or otherwise increase the rate for a motor vehicle policy solely on the basis
that the named insured, a member of the insured's household or a person who customarily operates the insured's vehicle is
a volunteer driver. For purposes of this section, "volunteer driver" means a person who provides services, including transporting
individuals or goods, without compensation above expenses to a nonprofit agency or charitable organization as defined in Title
14, section 158-A. This section does not prohibit an insurer from refusing to renew, imposing a surcharge or otherwise raising
the rate for a motor vehicle liability insurance policy based upon factors other than the volunteer status of the insured
driver.
[1995, c. 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 - §2902-G. Discounted premiums for older drivers
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902-G. Discounted premiums for older drivers
1. Discount; accident prevention course required. Any rates, rating schedules or rating manuals for the liability, personal injury protection and collision coverages of a
motor vehicle insurance policy submitted to or filed with the bureau must provide for an appropriate discount in premium charges
for such coverages for a 3-year period when the principal operator of the covered vehicle is an insured 55 years of age or
older who successfully completes a motor vehicle accident prevention course approved by the Department of Public Safety, Bureau
of Highway Safety.
[2001, c. 130, §1 (new).]
2. Condition. The premium reduction required by subsection 1 is effective for a 3-year period after an insured 55 years of age or older
successfully completes an approved motor vehicle accident prevention course, except that the insurer may require, as a condition
of providing and maintaining the discount, that for a 3-year period after the course is completed:
A. The insured or a member of the insured's household insured under the policy not be involved in an accident for which the
insured is at fault;
[2001, c. 130, §1 (new).]
B. The insured or a member of the insured's household insured under the policy not have committed a moving violation as defined
in Title 29-A, section 101, subsection 44; or
[2001, c. 130, §1 (new).]
C. The insured or a member of the insured's household insured under the policy not be subject to a driver's license suspension.
[2001, c. 130, §1 (new).]
[2001, c. 130, §1 (new).]
3. Qualification; certificate. An organization offering an approved motor vehicle accident prevention course used to qualify for the premium discount required
by subsection 1 shall issue a certificate to a person who successfully completes the course.
[2001, c. 130, §1 (new).]
4. Application. An insured is not eligible for the premium discount under subsection 1 when the insured is required by a court or other
government entity to complete the approved motor vehicle accident prevention course because the insured has committed a moving
violation as defined in Title 29-A, section 101, subsection 44.
[2001, c. 130, §1 (new).]
5. Eligibility. An insured must pass an approved motor vehicle accident prevention course every 3 years to continue to be eligible for the
premium discount.
[2001, c. 130, §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 - §2902. Uninsured vehicle coverage; insolvency of insurer
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2902. Uninsured vehicle coverage; insolvency of insurer
1. No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered
or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State, unless
coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of uninsured, underinsured or hit-and-run motor vehicles, for bodily injury, sickness
or disease, including death, resulting from the ownership, maintenance or use of such uninsured, underinsured or hit-and-run
motor vehicle. The coverage herein required may be referred to as "uninsured vehicle coverage." For the purposes of this section,
"underinsured motor vehicle" means a motor vehicle for which coverage is provided, but in amounts less than the minimum limits
for bodily injury liability insurance provided for under the motorist's financial responsibility laws of this State or less
than the limits of the injured party's uninsured vehicle coverage.
[1975, c. 437, §1 (amd).]
2. With respect to motor vehicle insurance policies subject to the Maine Automobile Insurance Cancellation Control Act and policies
in the assigned risk plan established pursuant to section 2325 securing private passenger auto insurance coverage, the amount
of coverage to be so provided may not be less than the amount of coverage for liability for bodily injury or death in the
policy offered or sold to a purchaser unless the purchaser expressly rejects such an amount, but in any event may not be less
than the minimum limits for bodily injury liability insurance provided for under Title 29-A, section 1605, subsection 1.
A rejection of equal coverage by the purchaser under this subsection must be in writing on a form provided by the insurer.
The rejection must be signed by the purchaser, dated and include the following language: "I understand that Maine law requires
uninsured motor vehicle coverage limits to equal the limits I have selected for liability coverage for bodily injury or death
in this policy unless I expressly reject such an amount of coverage. Pursuant to the Maine Revised Statutes, Title 24-A, section
2902, subsection 2, I have elected to purchase uninsured motor vehicle coverage with lesser limits."
For coverage purchased on or after October 1, 2000, the form must be provided to the purchaser prior to the effective date
of coverage. For renewal policies in force as of September 30, 2000, the form must be provided upon the first offer of renewal
to each purchaser who has current coverage limits less than those required under this subsection. To be effective, a form
must be signed by any one named insured under the policy. If a signed form rejecting higher coverage is not received by the
insurer prior to the effective date of the policy to which it applies, then the higher coverage must be provided consistent
with this subsection from the policy issuance date for coverage purchased on or after October 1, 2000 and from the effective
date of the first renewal on or after October 1, 2000 for policies in force as of September 30, 2000.
This subsection may not be construed to prohibit an insured from prospectively changing coverage to alternative limits of
uninsured motor vehicle coverage so long as a signed form, if necessary, is submitted to the insurer prior to the effective
date of the change. If an insured has maintained the same uninsured vehicle coverage limits for 2 consecutive years with
the same insurer, then the insured will be conclusively presumed to have accepted that amount of uninsured coverage in all
future policies, until such time as the insured notifies the insurer in writing of an election to change the amount of uninsured
coverage.
Reinstatement or renewal of coverage by the insured with the same insurer within 30 days of expiration of a policy must be
considered, for purposes of this section, as continuous coverage and does not require a new rejection to be executed by the
insured.
With respect to motor vehicle insurance policies not subject to the Maine Automobile Insurance Cancellation Control Act, the
amount of coverage so provided may not be less than the minimum limits for bodily injury liability insurance provided for
under Title 29-A, section 1605, subsection 1.
[1999, c. 663, §1 (amd); §4 (aff).]
3. For the purposes of this section, the term "uninsured motor vehicle" shall be deemed also to include, subject to the terms
and conditions of such coverage, an insured other motor vehicle where:
A. The liability insurer of such other motor vehicle is unable because of its insolvency to make payment with respect to the
legal liability of its insured within the limits specified in its policy;
[1969, c. 132, §1 (new).]
B. The occurrence out of which such legal liability arose took place while the uninsured vehicle coverage required under subsection
1, was in effect; and
[1969, c. 132, §1 (new).]
C. Written notice of such occurrence shall have been given to the insurer within 2 years thereof.
[1969, c. 132, §1 (new).]
Nothing contained in this subsection shall be deemed to prevent any insurer from providing insolvency protection to its insureds
under more favorable terms.
[1969, c. 132, §1 (new).]
4. In the event of payment to any person under uninsured vehicle coverage, and subject to the terms of such coverage, to the
extent of such payment the insurer shall be entitled to the proceeds of any settlement or recovery from any person legally
responsible for the bodily injury as to which such payment was made, and to amounts recoverable from the assets of the insolvent
insurer of the other motor vehicle.
[1969, c. 132, §1 (new).]
5. An insurer or licensed producer holding an appointment from the insurer shall disclose to the purchaser of a motor vehicle
liability insurance policy the requirements for uninsured motor vehicle coverage under subsection 2.
[1999, c. 271, §2 (new).]
6. When 2 or more persons are legally entitled to recover damages from a particular owner or operator of an underinsured motor
vehicle, the amount of underinsured vehicle coverage applicable to each injured person is determined by subtracting any payments
actually made to the injured person from any bodily injury liability insurance coverage applicable to the particular owner
or operator of the underinsured motor vehicle from the injured person's, operator's or owner's underinsured vehicle coverage
policy limits if applicable to that person. The amount of underinsured motor vehicle coverage must be further reduced by
the amount by which the bodily injury liability insurance coverage applicable to the particular owner or operator of the underinsured
motor vehicle exceeds all payments from that coverage to all persons legally entitled to recover damages from that particular
owner or operator of the underinsured motor vehicle. This subsection does not prohibit an insurer from providing greater
amounts of underinsured vehicle coverage than are required under this section.
[1999, c. 663, §2 (new); §4 (aff).]
7. Notwithstanding the requirements of subsection 2 relating to the amount of uninsured motor vehicle coverage required to
be maintained under motor vehicle insurance policies subject to the Maine Automobile Insurance Cancellation Control Act and
policies in the assigned risk plan established pursuant to section 2325 securing private passenger auto insurance coverage,
a policy providing uninsured motor vehicle coverage underwritten on a commercial policy form approved for use in this State
must provide coverage in an amount not less than the minimum limits for bodily injury liability insurance provided for under
Title 29-A, section 1605, subsection 1. Coverage provided to an insured pursuant to this subsection does not obligate the
insured to affirmatively reject an offer of higher limits of uninsured motor vehicle coverage. This subsection may not be
construed to limit or compel an insured's election of higher limits of uninsured motor vehicle coverage.
[2001, c. 109, §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 - §2903. Liability absolute when loss occurs
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2903. Liability absolute when loss occurs
The liability of every insurer which insures any person against accidental loss or damage on account of personal injury or
death or on account of accidental damage to property shall become absolute whenever such loss or damage, for which the insured
is responsible, occurs. The rendition of a final judgment against the insured for such loss or damage shall not be a condition
precedent to the right or obligation of the insurer to make payment on account of such loss or damage.
[1969, c. 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 - §2904. Judgment creditor may have insurance; exceptions
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2904. Judgment creditor may have insurance; exceptions
Whenever any person, administrator, executor, guardian, recovers a final judgment against any other person for any loss or
damage specified in section 2903, the judgment creditor shall be entitled to have the insurance money applied to the satisfaction
of the judgment by bringing a civil action, in his own name, against the insurer to reach and apply the insurance money, if
when the right of action accrued, the judgment debtor was insured against such liability and if before the recovery of the
judgment the insurer had had notice of such accident, injury or damage. The insurer shall have the right to invoke the defenses
described in this section in the proceedings. None of the provisions of this paragraph and section 2903 shall apply:
[1969, c. 132, § 1 (new).]
1. Motor vehicle operated illegally or by one under age. When the insured automobile, motor vehicle or truck is being operated by any person contrary to law as to age or by any person
under the age of 16 years where no statute restricts the age; or
[1969, c. 132, § 1 (new).]
2. Motor vehicle used in race contest. When such automobile, motor vehicle or trust is being used in any race or speed contest; or
[1969, c. 132, § 1 (new).]
3. Motor vehicle used for towing a trailer. When such automobile, motor vehicle or truck is being used for towing or propelling a trailer unless such privilege is indorsed
on the policy or such trailer is also insured by the insurer; or
[1969, c. 132, § 1 (new).]
4. Liability assumed. In the case of any liability assumed by the insured for others; or
[1969, c. 132, § 1 (new).]
5. Liability under workers' compensation. In the case of any liability under any workers' compensation agreement, plan or law; or
[1989, c. 502, Pt. A, §98 (amd).]
6. Fraud or collusion. When there is fraud or collusion between the judgment creditor and the insured.
[1969, c. 132, § 1 (new).]
div>
No civil action shall be brought against an insurer to reach and apply such insurance money until 20 days shall have elapsed
from the time of the rendition of the final judgment against the judgment debtors.
[1969, c. 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 - §2905. Cancellation, release of interest insured under, automobile physical damage insurance (REPEALED)
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2905. Cancellation, release of interest insured under, automobile physical damage insurance (REPEALED)
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 - §2906. Automobile insurance, cancellation, nonrenewal and certain changes because of age, prohibited (REPEALED)
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2906. Automobile insurance, cancellation, nonrenewal and certain changes because of age, prohibited (REPEALED)
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 - §2907. Coverage for sales tax credit
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2907. Coverage for sales tax credit
All contracts of motor vehicle casualty insurance delivered or issued for delivery in this State covering motor vehicles registered
in this State shall provide coverage for the value of the sales tax credit that would have been available upon trade thereof
at the highest book value at the time of loss or destruction of the insured vehicle.
[1973, c. 219 (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 - §2908. Cancellation and nonrenewal
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2908. Cancellation and nonrenewal
1. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Cancellation" means termination of a policy at a date other than its expiration date.
[1985, c. 671, §1 (new).]
B. "Expiration date" means the date upon which coverage under a policy ends. It also means, for a policy written for a term
longer than one year or with no fixed expiration date, each annual anniversary date of the policy.
[1985, c. 671, §1 (new).]
C. "Nonpayment of premium" means the failure or inability of the named insured to discharge any obligation in connection with
the payment of premium on a policy of insurance subject to this section, whether the payments are payable directly to the
insurer or its agent or indirectly payable under a premium finance plan or extension of credit.
[1985, c. 671, §1 (new).]
D. "Nonrenewal" means termination of a policy at its expiration date.
[1985, c. 671, §1 (new).]
E. "Renewal" or "to renew" means the issuance of, or the offer to issue by an insurer, a policy succeeding a policy previously
issued and delivered by the same insurer or the issuance of a certificate or notice extending the terms of an existing policy
for a specified period beyond its expiration date.
[1985, c. 671, §1 (new).]
[1985, c. 671, §1 (new).]
2. Except as provided in subsection 8, no contract of casualty insurance may be cancelled by an insurer prior to the expiration
of the policy, except for one or more of the following grounds:
A. Nonpayment of premium;
[1985, c. 671, §1 (new).]
B. Fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing
the policy or in presenting a claim under the policy;
[1985, c. 671, §1 (new).]
C. Substantial change in the risk which increases the risk of loss after insurance coverage has been issued or renewed, including,
but not limited to, an increase in exposure due to rules, legislation or court decision;
[1985, c. 671, §1 (new).]
D. Failure to comply with reasonable loss control recommendations;
[1985, c. 671, §1 (new).]
E. Substantial breach of contractual duties, conditions or warranties; or
[1985, c. 671, §1 (new).]
F. Determination by the superintendent that the continuation of a class or block of business to which the policy belongs will
jeopardize a company's solvency or will place the insurer in violation of the insurance laws of this State or any other state.
[1985, c. 671, §1 (new).]
The grounds listed in paragraphs A to E shall be contained in all policies issued, issued for delivery or renewed on or after
the effective date of this section. Insurers shall have 30 days from the effective date of this section to notify insureds
of these grounds for cancellation on policies issued or issued for delivery before the effective date of this section.
[1985, c. 671, §1 (new).]
3. If a policy has been issued for a term longer than one year and, for additional premium consideration, a premium has been
guaranteed, the insurer may not refuse to renew the policy or increase the policy premium for the term of that policy.
[1985, c. 671, §1 (new).]
4. If an insurer offers or purports to renew a contract, but on less favorable terms to the insured or at higher rates or a
higher rating plan, the new terms or rates and rating plan may take effect on the renewal date, if the insurer has provided
the insured 30 days notice. If the insurer has not so notified the contract holder, the contract holder may elect to cancel
the renewal policy within the 30-day period after receipt of the notice or delivery. Earned premium for the period of coverage
for such time as the renewal contract may have been in force, shall be calculated pro rata at the lower of the current or
previous year's rate. If the insured accepts the renewal, the premium increase, if any, and other changes shall be effective
immediately following the prior policy's expiration or anniversary date. This section does not apply if the change is a rate,
form or plan filed with the superintendent and applicable to the entire class of business to which the policy belongs or to
a premium increase based on the altered nature or extent of the risk insured against.
[1985, c. 671, §1 (new).]
5. Cancellation or nonrenewal is not effective until notice is received by the insured as follows.
A. Except for workers' compensation insurance, cancellation may not be effective prior to 10 days after receipt by the insured
of a notice of cancellation. Notice of cancellation of workers' compensation insurance is subject to Title 39-A, section 403,
subsection 1. The notice must state the effective date of and the reason or reasons for cancellation.
[1991, c. 885, Pt. E, §31 (amd); §47 (aff).]
B. Nonrenewal subject to this section shall not be effective prior to 30 days after receipt of written notice by the insured.
If an insurer provides a notice of nonrenewal as described in this subsection and thereafter extends the policy 90 days or
less, an additional notice of nonrenewal is not required with respect to this extension.
[1985, c. 671, §1 (new).]
C. A post-office certificate of mailing to the named insured at his last known address is conclusive proof of receipt of notice
on the 3rd calendar day after mailing.
[1985, c. 671, §1 (new).]
[1991, c. 885, Pt. E, §31 (amd); §47 (aff).]
6. Any insured who has received a notice of an insurer's intent to cancel a policy may, within 45 days of the receipt of the
notice, request a hearing before the superintendent. The purpose of this hearing shall be limited to establishing the existence
of the proof or evidence given by the insurer in its notice of cancellation. The burden of proof of the reason for cancellation
shall be upon the insurer. The superintendent shall have the authority to order that a policy remain in effect both pending
and, if the superintendent finds in favor of the insured, subsequent to a hearing. If the superintendent finds in favor of
the insurer at a hearing, the superintendent may order the policy to remain in force for 14 days to allow the insured to obtain
other coverage.
[1989, c. 172, §3 (amd).]
7. Except as provided in Title 10, chapter 210, no insurer or licensed agent or employee of the insurer may be held liable
in any civil action for statements made in a notice of cancellation or nonrenewal or at a hearing held under this section
if the statements were made in good faith and, in the case of cancellation, are reasonably related to the grounds for cancellation.
[1985, c. 671, §1 (new).]
8. Except for the definitions in subsection 1 and cancellation notice requirements set forth in subsection 5, this section
does not apply to any insurance policy that has not been previously renewed if the policy has been in effect less than 60
days at the time notice of cancellation is mailed or otherwise delivered. This section does not apply to any policy subject
to the Maine Automobile Insurance Cancellation Control Act, subchapter II. This section does not apply to any assigned risk
program. The superintendent may suspend, in whole or in part, the applicability of this section to any insurer if, in the
superintendent's discretion, its application will endanger the ability of the insurer to fulfill its contractual obligations.
[1997, c. 126, §5 (amd).]
9. This section applies to all contracts of casualty insurance, except surplus lines contracts, delivered or issued for delivery
in this State, both before and after the effective date of this section. Provisions in this section relating to nonrenewal
of policies shall take effect 30 days after the effective date of this section.
[1989, c. 172, §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 - §2909. Insurance for dealers and transporters
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2909. Insurance for dealers and transporters
1. As used in this section, "owner" means the owner of a motor vehicle, the owner's agent, employee or independent contractor.
[1989, c. 261, §1 (new).]
2. The superintendent may not approve any policy required pursuant to Title 29-A, section 1612, unless coverage is provided
for both the owner and operator of the motor vehicle.
[1995, c. 65, Pt. A, §70 (amd); §153 (aff); Pt. C, §15 (aff).]
3. The owner's policy must provide primary coverage up to the limits specified in Title 29-A, section 1612. Any other valid
and collectible insurance policy available to an operator who is not the owner must provide excess coverage.
[1995, c. 65, Pt. A, §70 (amd); §153 (aff); Pt. C, §15 (aff).]
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 - §2910-A. Subrogation; medical payments coverage
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2910-A. Subrogation; medical payments coverage
1. Policy requirements. A casualty insurance policy subject to this chapter may not provide for subrogation or priority over the insured of payment
for any hospital, nursing, medical or surgical services or of any expenses paid or reimbursed under the medical payments coverage
in the policy in the event the insured is entitled to receive payment or reimbursement from any other person as a result of
legal action or claim, except as provided in this section.
The coverage may contain a provision that allows the payments if that provision is approved by the superintendent and if that
provision required the prior written approval of the insured and provides that the insurer's subrogation right is subject
to subtraction to account for the pro rata share of the insured's attorney's fees incurred in obtaining the recovery from
another source.
[1997, c. 369, §2 (new).]
2. Dispute resolution. In the event of a dispute as to the application of any such provision or the amount available for payment to those claiming
payment for services or reimbursement, that dispute must be determined, if the action is pending, before the court in which
it is pending; or if no action is pending, by filing an action in any court for determination of the dispute.
[1997, c. 369, §2 (new).]
3. Exception. Nothing in this section prevents an insurer from exercising its subrogation rights directly against any person legally responsible
for the insured's injury. In the event that the insurer pursues its subrogation rights directly against such a person, the
insurer's subrogation right is not subject to any subtraction to account for attorney's fees and the insurer is entitled to
full recovery.
[1997, c. 369, §2 (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 - §2910. Loss information to be supplied
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 1: GENERAL PROVISIONS
§2910. Loss information to be supplied
1. Request for information. Every insurer shall provide loss information concerning an insurance policy to its insured within 30 calendar days of the
receipt of a written request from the insured or an insurance agent or other authorized representative of the insured. An
insurer may not cancel or refuse to renew an insurance policy for the nonpayment of premium during any period within which
the insurer fails to provide the loss information requested under this section, unless the insured requests that information
fewer than 45 calendar days prior to the expiration date of the insurance policy.
[1989, c. 696, §1 (new).]
2. Transmittal of request. If an insured requests loss information from an insurance agent or an authorized representative of the insured, the representative
or agent shall transmit the request for loss information to the insurer within 4 working days.
[1989, c. 696, §1 (new).]
3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Insurance policy" means the insurance policy relating to the loss information requested pursuant to this section.
[1989, c. 696, §1 (new).]
B. "Loss information," except with respect to workers' compensation insurance, means the following items: the name of the
insured, the date of the loss, the date that the claim was received by the insurer, a description of the loss, any amount
paid by the insurer on account of the loss, any amount reserved for the loss and whether the claim is open or closed.
[1989, c. 696, §1 (new).]
C. "Loss information," with respect to workers' compensation insurance, means the following items: the name of the claimant,
the date of the injury, a description of the injury, any amount paid for medical expense, any amount paid for indemnity expense,
any medical reserve, the total incurred losses and whether the claim is open or closed.
[1989, c. 696, §1 (new).]
[1989, c. 696, §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 - §2911. Title
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2911. Title
This subchapter shall be known as the "Maine Automobile Insurance Cancellation Control Act." Unless otherwise specified, all
hearings held under this subchapter shall conform to the procedures set forth in the Maine Administrative Procedure Act, Title
5, chapter 375, subchapter IV.
[1977, c. 694, § 425 (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 - §2912. Definitions
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2912. Definitions
As used in this subchapter, unless otherwise required by the context, the following words shall have the following meanings.
[1973, c. 339, §1 (new).]
1. Policy. "Policy" means an automobile insurance policy providing bodily injury liability, property damage liability, medical payments,
uninsured motorist coverage, physical damage coverage, or any combination thereof, delivery or issued for delivery in this
State, insuring a single individual or one or more related individuals resident in the same household, as named insured and
insuring vehicles of the following types only:
A. Motor vehicles of the private passenger or station wagon type which are not used as public conveyances nor rented to others;
[1973, c. 339, §1 (new).]
B. Any other 4-wheel motor vehicles with a load capacity of 1,500 pounds or less which are not used in the business or professions
of the insured.
[1973, c. 339, §1 (new).]
[1973, c. 339, §1 (new).]
2. Renewal or renew. "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy replacing at the end of the previous policy
term a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice
extending the coverage of the policy beyond its original term. Any renewal policy, other than a replacement policy for an
unfinished term, with a term of one year or less is considered written, for the purposes of this subchapter, for a term of
one year. For purposes of this subchapter, the transfer of a policy from an insurer to an affiliate is considered a policy
renewal.
Any policy written for a term longer than one year or with no fixed expiration date is considered written for successive policy
terms of one year.
[2005, c. 114, §1 (amd).]
3. Nonpayment of premium. "Nonpayment of premium" means failure of the named insured to discharge when due any of his obligations in connection with
the payment of premium on the policy, or any installment of a premium, whether the premium is payble directly to the insurer
or its agent or indirectly under any premium finance plan or extension of credit.
[1973, c. 339, §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 - §2913. When not applicable
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2913. When not applicable
This subchapter shall not apply to any policy:
[1973, c. 339, § 1 (new).]
1. Insured under an automobile assigned risk plan;
[1973, c. 339, § 1 (new).]
2. Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards;
[1973, c. 339, § 1 (new).]
3. Insuring more than 4 automobiles;
[1973, c. 339, § 1 (new).]
4. Issued principally to cover personal or premises liability of an insured even though such insurance may also provide some
incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such
insured or on the ways immediately adjoining the premises.
[1973, c. 339, § 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 - §2914. Notice of cancellation -- reasons
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2914. Notice of cancellation -- reasons
No policy may be cancelled except by notice to the insured and any other person mentioned in the loss payable clause of an
automobile physical damage policy, as provided in this subchapter.
[1973, c. 339, § 1 (new).]
div>
No notice of cancellation of a policy shall be effective unless it is based on one or more of the following reasons:
[1973, c. 339, § 1 (new).]
1. Nonpayment of premium. No notice of cancellation for nonpayment of premium shall be effective unless deemed received under section 2915 after the
premium due date;
[1979, c. 347, § 1 (amd).]
2. Fraud or material misrepresentation affecting the policy or the presentation of a claim;
[1973, c. 339, § 1 (new).]
3. Violation of terms or conditions of the policy;
[1973, c. 339, § 1 (new).]
4. The named insured or any operator who either resides in the same household or customarily operates an automobile insured
under the policy has a driver's license suspended, other than a first or 2nd suspension under Title 29-A, section 2471, subsection
2 or section 2472, subsection 2 or a suspension under Title 28-A, section 2052, or revoked during the policy term or, if the
policy is a renewal, during its term or the 180 days immediately preceding its effective date.
[1995, c. 65, Pt. A, §71 (amd); §153 (aff); Pt. C, §15 (aff).]
div>
During the policy period, an automobile insurance policy may not be modified except by agreement between the insured and the
insurer. Modification agreed upon between the insured and the insurer shall not be deemed a cancellation of the coverage or
of the policy.
[1977, c. 403, § 2 (rpr).]
div>
This section shall not apply to any policy or coverage which has been in effect less than 60 days at the time notice of cancellation
is received by the named insured nor shall section 2920 apply to any policy or coverage that has been in effect less than
60 days.
[1979, c. 347, § 2 (amd).]
div>
This section shall not apply to nonrenewal of an automobile insurance policy.
[1977, c. 403, § 2 (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 - §2915. Delivery of notice
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2915. Delivery of notice
A notice of cancellation of a policy is not effective unless received by the named insured at least 20 days prior to the effective
date of cancellation, or, when the cancellation is for nonpayment of premium, at least 10 days prior to the effective date
of cancellation. In the event the policy is an automobile physical damage policy, like notice of cancellation must also be
given to any other person mentioned in the loss payable clause. A postal service certificate of mailing to the named insured
at the insured's last known address is conclusive proof of receipt on the 5th calendar day after mailing.
[2005, c. 114, §2 (amd).]
div>
Except for a policy that has been in effect for less than 60 days at the time notice of cancellation is received by the named
insured, the reason for cancellation must accompany the notice, together with a notice of the right to apply for a hearing
before the Superintendent of Insurance within 30 days, as provided in section 2920.
[2005, c. 114, §2 (amd).]
div>
Prior to the date of renewal of a policy that has been transferred by an insurer to an affiliate, the insured must receive
notice of any changes to the terms of the policy that are less favorable to the insured.
[2005, c. 114, §2 (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 - §2916-A. Nonrenewal -- reasons
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2916-A. Nonrenewal -- reasons
No notice of nonrenewal shall be issued, unless it is based upon a reason for which the policy could have been cancelled or
unless it is based upon one or more of the following grounds which occurred during the 36-month period preceding the yearly
anniversary date of the policy.
[1979, c. 336, §1 (new).]
1. Convictions. When a named insured or any operator who either resides in the same household or customarily operates an automobile insured
under the policy is convicted of any of the following:
A. Operating a motor vehicle while intoxicated or impaired by the consumption of alcohol or drugs;
[1979, c. 336, §1 (new).]
B. Homicide or assault arising out of the use of the operation of a motor vehicle, criminal negligence in the use or operation
of a motor vehicle resulting in the injury or death of another person or use or operation of a motor vehicle directly or indirectly
in the commission of a felony;
[1979, c. 336, §1 (new).]
C. Operating a motor vehicle in excess of the speed limit or in a reckless manner where injury or death results therefrom;
[1979, c. 336, §1 (new).]
D. Operating a motor vehicle in excess of the speed limit or reckless driving or any combination thereof on 3 or more occasions;
[1979, c. 336, §1 (new).]
E. Operating a motor vehicle insured under the policy without a valid license or registration in effect, except when the person
convicted had possessed a valid license or registration which had expired and was subsequently renewed, or during a period
of revocation or suspension thereof or in violation of the limitations set forth on the operator's license;
[1979, c. 336, §1 (new).]
F. Operating a motor vehicle while attempting to avoid apprehension or arrest by a law enforcement officer;
[1979, c. 336, §1 (new).]
G. Filing or attempting to file a false or fraudulent automobile insurance claim or knowingly aiding or abetting in the filing
or attempted filing of any such claim;
[1979, c. 336, §1 (new).]
H. Leaving the scene of an accident without reporting;
[1979, c. 336, §1 (new).]
I. Filing a false document with the Secretary of State or the Bureau of Motor Vehicles or using a license or registration obtained
by filing a false document with the Secretary of State or the Bureau of Motor Vehicles;
[1991, c. 837, Pt. A, §50 (amd).]
J. Operating a motor vehicle in a race or speed test; or
[1979, c. 336, §1 (new).]
K. Knowingly permitting or authorizing an unlicensed driver to operate a motor vehicle insured under the policy.
[1979, c. 336, § 1 (new).]
[1991, c. 837, Pt. A, §50 (amd).]
2. Accidents. When a named insured or any other person who operates a motor vehicle insured under the policy is individually or are aggregately
involved in 2 or more vehicle accidents while operating a motor vehicle insured under the policy or under another policy issued
by the same insurer for a motor vehicle in the same household, resulting in either personal injury or property damage in excess
of the amount defined as a reportable accident under Title 29-A, section 2251, subsection 1. For the purpose of this subsection
any of the following occurrences involving a motor vehicle operated by a named insured or such other person is not considered
an accident when:
A. The motor vehicle was struck from the rear;
[1979, c. 336, §1 (new).]
B. The motor vehicle was struck while parked;
[1979, c. 336, §1 (new).]
C. Only the operator of another motor vehicle involved in the accident was convicted of a crime, offense or violation contributing
to the accident; or
[1979, c. 336, §1 (new).]
D. The named insured or other operator of the motor vehicle insured under the policy or the insurer of the policy, was reimbursed
by or on behalf of, a person responsible for the accident or has a judgment against that person.
[1999, c. 617, §2 (amd).]
When more than one motor vehicle in a household is insured by the same insurer, the aggregate number of accidents that would
permit nonrenewal of the policy or policies insuring those vehicles must be increased by one for each additional motor vehicle
insured.
[2003, c. 26, §1 (amd).]
3. Insurability. When there is a material change in the type of motor vehicle insured which so substantially increases the hazard insured
against as to render the motor vehicle uninsurable in accordance with the insurer's underwriting standards in effect at the
time the policy was issued or last renewed; provided that if the insured motor vehicle is uninsurable for physical damage
coverages only, the insurer shall offer to renew the policy without the physical damage coverages.
[1979, c. 336, §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 - §2916-B. Exclusion of covered persons under personal automobile policy
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2916-B. Exclusion of covered persons under personal automobile policy
In order to avoid cancellation or nonrenewal of an automobile insurance policy, and to allow an insurer to provide or to continue
to provide coverage without an unreasonable risk, an insurer and the named insured may agree, by an endorsement to the policy
signed by the interested parties, to exclude from coverage as operators of the insured vehicle or vehicles any covered person
or persons who commit an act or acts for which the policy could be cancelled under section 2914, subsection 4, or for which
the insurer could refuse to renew under section 2916-A subsections 1 and 2. Every endorsement under this section shall contain
the following notice in conspicuous print:
p align="center">"NOTICE TO POLICYHOLDER
p align="center">IF THE PERSON EXCLUDED FROM COVERAGE BY THIS ENDORSEMENT IS UNDER THE AGE OF 18 YEARS, YOU CAN BE HELD LIABLE UNDER STATE
LAW FOR HIS OR HER NEGLIGENCE WHEN HE OR SHE OPERATES YOUR VEHICLE WITH YOUR PERMISSION. YOUR POLICY DOES NOT INSURE YOU
AGAINST THIS LIABILITY."
[1981, c. 69, (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 - §2916-C. Discontinuance of a line of business
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2916-C. Discontinuance of a line of business
If an insurer files a plan with the superintendent to discontinue business in a line of insurance subject to this subchapter,
the superintendent may authorize the nonrenewal of policies in that line of business if the plan filed by the insurer demonstrates
the availability of substantially similar coverage in the admitted market. The nonrenewal of a policyholder pursuant to this
section may not be considered by an insurer in future coverage determinations. An insurer may resume transacting business
in a line of insurance discontinued pursuant to this section upon written notification to the superintendent.
[2005, c. 49, §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 - §2916. Automobile insurance, cancellation, nonrenewal and certain changes because of age, prohibited
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2916. Automobile insurance, cancellation, nonrenewal and certain changes because of age, prohibited
No insurance company authorized to transact business in this State shall cancel, reduce liability limits, refuse to renew
or increase the premium of any automobile insurance policy of any kind whatsoever for the sole reason that the person to whom
such policy has been issued has reached a certain age.
[1973, c. 339, § 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 - §2917. Notice of intent
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2917. Notice of intent
No insurer shall fail to renew a policy except by notice to the insured as provided in this subchapter. A notice of intention
not to renew shall not be effective unless received by the named insured at least 30 days prior to the expiration date of
the policy. A post-office department certificate of mailing to the named insured at his last known address shall be conclusive
proof of receipt on the 3rd calendar day after mailing.
[1979, c. 347, § 5 (amd).]
div>
The reason or reasons for the intended nonrenewal action shall accompany the notice of intent not to renew and the reason
or reasons shall be explicit. Explanations such as "underwriting reasons," "underwriting experience," "loss record," "driving
experience," "credit report," and similar insurance terms are not by themselves acceptable explanations of an insurer's intended
nonrenewal of an automobile insurance policy. A notice of a right to apply for a hearing before the Superintendent of Insurance
within 30 days as provided herein shall accompany the notice of intent not to renew.
[1977, c. 403, § 4 1st & 2nd sent (rpr). 1979, c. 347, § 6 (amd).]
div>
This section shall not apply:
[1973, c. 339, § 1 (new).]
1. If the insurer has manifested its willingness to renew;
[1973, c. 339, § 1 (new).]
2. If the insured fails to pay any premium due or any advance premium required by the insurer for renewal.
[1973, c. 339, § 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 - §2918. Duplicate coverage
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2918. Duplicate coverage
If an insured obtains a 2nd policy which provides equal or more extensive coverage for any vehicle designated in both policies,
the first policy's coverage of such vehicle may be terminated by failure to renew as of the effective time and date of the
2nd policy, whether or not the first policy insurer complies with all provisions of section 2917.
[1973, c. 339, § 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 - §2919. Renewal not a waiver or estoppel
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2919. Renewal not a waiver or estoppel
Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before
the effective date of renewal.
[1973, c. 339, § 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 - §2920. Hearing before superintendent
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2920. Hearing before superintendent
Any named insured who has received a statement of reason for cancellation, or of reason for an insurer's intent not to renew
a policy, may, within 30 days of the receipt of a statement of reason, request a hearing before the Superintendent of Insurance.
The purpose of this hearing shall be limited to establishing the existence of the proof or evidence given by the insurer in
its reason for cancellation or intent not to renew. The burden of proof of the reason for cancellation or intent not to renew
shall be upon the insurer. The superintendent shall have the authority to order that a policy continue in effect both pending
and, if the superintendent finds in favor of the insured, subsequent to a hearing. If the superintendent finds in favor of
the insurer at a hearing, the superintendent may order the policy to remain in force for 14 days to allow the insured to obtain
other coverage. Acting in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, the
superintendent may adopt rules for carrying out this section.
[1989, c. 172, §5 (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 - §2921. Insured told of alternate coverage
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2921. Insured told of alternate coverage
When automobile bodily injury and property damage liability coverage is cancelled or not renewed, other than for nonpayment
of premium, the insurer shall notify the named insured of his possible eligibility for automobile liability insurance through
the Maine Automobile Insurance Plan. Such notice shall accompany the notice of cancellation or intent not to renew.
[1973, c. 339, § 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 - §2922. Superintendent's authority to suspend
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2922. Superintendent's authority to suspend
In the event of impairment or serious financial difficulty of an insurer, the superintendent shall have the authority to suspend
the provisions of this Act from applying to the policies of the financially distressed insurer.
[1977, c. 403, § 6 (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 - §2923. Nonliability for certain statements
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2923. Nonliability for certain statements
1. Notices. Except as provided in Title 10, chapter 210, no insurer or licensed agent or employee of the insurer may be held liable in
any civil action for statements made in a notice of cancellation or intent not to renew under this chapter if:
A. The statements were made in good faith;
[1979, c. 112, § 1 (new).]
B. The statements are reasonably related to the reason for cancellation or intent not to renew; and
[1979, c. 112, § 1 (new).]
C. In the case of a notice of cancellation, the reason for cancellation is a reason permitted under section 2914.
[1979, c. 112, § 1 (new).]
[1979, c. 112, § 1 (new).]
2. Hearings. Except as provided in Title 10, chapter 210, no person may be held liable in any civil action for statements made or information
given at a hearing held under this chapter if:
A. The statements were made or the information was given in good faith;
[1979, c. 112, § 1 (new).]
B. The statements or the information are reasonably related to the reason for cancellation or intent not to renew; and
[1979, c. 112, § 1 (new).]
C. In the case of a hearing held on a notice of cancellation, the reason for cancellation is a reason permitted under section
2914.
[1979, c. 112, § 1 (new).]
[1979, c. 112, § 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 - §2924. Assigned risk insurance plan
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 2: AUTOMOBILE INSURANCE CANCELLATION CONTROL ACT
§2924. Assigned risk insurance plan
If no payment for renewal of a policy has been received by the insurer 15 days prior to the expiration date of the policy,
the insurer shall notify the insured in accordance with this section. Written notice shall be mailed or delivered to the
named insured no less than 10 days prior to the expiration date. The notice shall state that the policy will terminate on
the expiration date if the insurer does not receive payment by that date. A post-office department certificate of mailing
is proof of mailing.
[1989, c. 354 (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 - §2927. Personal automobile insurance; rental vehicle coverage
Title 24-A: MAINE INSURANCE CODE
Chapter 39: CASUALTY INSURANCE CONTRACTS
Subchapter 3: PERSONAL AUTOMOBILE INSURANCE AND RENTAL VEHICLE COVERAGE (HEADING: PL 1991, c. 335 (new))
§2927. Personal automobile insurance; rental vehicle coverage
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Authorized driver" means:
(1) The renter;
(2) The renter's spouse, if that person is a licensed driver meeting the rental company's minimum age requirement;
(3) The renter's employer or coworker, if that person is engaged in business activity with the renter and is a licensed
driver meeting the rental company's minimum age requirement;
(4) A person who operates the vehicle during an emergency or while parking the vehicle in the course of that person's employment
at a commercial establishment; or
(5) A person listed by the rental company on the rental agreement as an authorized driver.
[1991, c. 335 (new).]
B. "Covered rental agreement" means a written agreement with a term of 45 continuous days or fewer setting forth the terms
and conditions governing the use of a covered rental vehicle provided by a rental company.
[1991, c. 335 (new).]
C. "Covered rental vehicle" means a private passenger motor vehicle rented pursuant to a covered rental agreement, regardless
of where that rental vehicle is registered, rented or operated.
[1991, c. 335 (new).]
D. "Private passenger motor vehicle" means a motor vehicle of the private passenger, sedan, station wagon or private passenger
minivan type.
[1991, c. 335 (new).]
E. "Rental company" means any person or organization, including franchisees, in the business of providing private passenger
motor vehicles to the public.
[1991, c. 335 (new).]
[1991, c. 335 (new).]
2. Rental vehicle coverage required. A personal automobile insurance policy that provides liability and collision, liability and comprehensive or liability,
comprehensive and collision coverage must provide coverage for the obligation of the insured for actual damage to a covered
rental vehicle, including charges for verifiable and actual loss of use not to exceed 30 days, rented by an insured in the
United States, its territories or possessions, or Canada under a covered rental agreement. The deductible applicable to the
covered rental vehicle may not exceed the highest of the deductibles for the collision coverage in the event of a collision
loss or for the comprehensive coverage in the event of a comprehensive loss, applicable to the insured vehicle.
[1991, c. 335 (new).]
3. Notice to insureds. Every policy to which this section applies, either upon policy issuance or upon the first renewal after January 1, 1992,
must be accompanied or supplemented by a notice, in a form prescribed or approved by the superintendent, advising the insured
of the rental vehicle coverage provided pursuant to this section.
[1991, c. 335 (new).]
4. Application. This subchapter applies to all personal automobile policies issued for delivery in this State or renewed on or after January
1, 1992.
[1991, c. 335 (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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