Title 24-A, Title 24-A

An insurer may not surcharge a motor vehicle insurance policy based on a motor vehicle operator's license suspension when that suspension is pursuant to Title 29‑A, section 2472, subsection 3, paragraph B, except in accordance with this section. If the person had an alcohol level…

An insurer may credit or refund any portion of the premium charges for an insurance policy for a clean fuel vehicle in order to encourage its policyholders to use clean fuel vehicles if insurance premiums on other vehicles are not increased to fund these credits or refunds. [PL 1…

1. Every insurer shall file with the superintendent, except as to inland marine risks, which by general custom of the business are not written according to manual rates or rating plans, every manual rate, minimum premium, class rate, rating schedule or rating plan and every other…

1. An insurer may satisfy its obligations to make rate filings by becoming a participating insurer of a licensed advisory organization that makes reference filings of advisory prospective loss costs and by authorizing the superintendent to accept reference filings on its behalf. …

Physicians and surgeons liability insurance rate filings are first subject to this section, but any other provisions of this chapter not inconsistent with this section also apply. Notwithstanding this section, filings made by advisory organizations are subject to this section onl…

Under such rules and regulations as may be adopted, the superintendent may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed be…

1. If at any time the superintendent has reason to believe that a filing does not meet the requirements of this chapter, or violates any of the provisions of chapter 23, the superintendent shall, after a hearing held upon not less than 10 days' written notice, specifying the matt…

A manual of classifications, rule or rating plan or any modification of any of the foregoing that establishes standards for measuring variations in hazards or expense provisions, or both, and that has been filed pursuant to section 2304‑A may not be disapproved if the rates produ…

1. A rate in excess of that provided by a filing otherwise applicable may be used on any specific risk, providing that the following requirements are satisfied. A. The insurer files a written application with the superintendent signed by the insured or applicant stating the reaso…

No insurer shall make or issue a contract or policy, except in accordance with the filings which are in effect for the insurer as provided in this chapter or in accordance with sections 2305 (exemption from filing) or 2308 (excess rates). This section shall not apply to contracts…

1. Application to the superintendent. Any insured aggrieved with respect to any filing, rate, expense or premium level that is in effect may make a written application to the superintendent for a hearing. The application must specify the grounds to be relied upon by the applicant…

1. Every rating organization, advisory organization and insurer shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate, a prospective loss cost or supplementary …

1. No advisory organization may provide any service relating to the rates of any insurance subject to this chapter, and no insurer may utilize the services of that organization for those purposes unless the organization has obtained a license under subsection 3, paragraph C. 2. N…

1. No insurer or advisory organization may: A. Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).] B. Engage in a boycott, on a concerted basis, of an insurance ma…

In addition to the other prohibitions described in section 2321‑B, except as specifically permitted under section 2321‑D, no advisory organization may compile or distribute recommendations relating to rates that include profit or expenses other than loss adjustment expenses.

An advisory organization, in addition to other activities not prohibited, is authorized on behalf of its members and subscribers to: [PL 1989, c. 797, §23 (NEW); PL 1989, c. 797, §§37, 38 (AFF).] 1. Develop statistical plans including territorial and class definitions; 2. Collect…

Advisory organizations may develop and file with the superintendent for approval prospective loss costs and supplementary rating information. Such filings shall contain the statistical data and supporting information for calculations or assumptions underlying the prospective loss…

1. Notwithstanding section 2321‑B, subsection 2 and consistent with sections 2325, 2325‑A, 2325‑B and 2366, insurers, rating organizations and advisory organizations participating in joint underwriting, joint reinsurance pools or residual market mechanisms may, in connection with…

1. The superintendent, acting pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, may promulgate reasonable rules and statistical plans, reasonably adopted to each of the rating systems on file , which may be modified from time to time and whi…

1. Acting in accordance with the procedures set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, the superintendent may promulgate reasonable rules and plans for the interchange of data necessary for the application of rating plans. 2. In orde…

1. Agreements may be made among casualty insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods and such insurers may agr…

1. Establishment. Whenever a particular type of insurance is unavailable or unaffordable, the superintendent may establish a market assistance plan. 2. Definition. For purposes of this section a "market assistance plan" is a voluntary agreement between the Bureau of Insurance and…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Basic property and casualty insurance" means policies that insure against loss or damage to real property that is used for residential purposes, i…

1. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to: A. The superintendent; [PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).] B. Any statistical agency designated by the superintendent; or [PL 1969, c.…

1. Two or more insurers, who, by virtue of their business associations in the United States, represent themselves to be or are customarily known as a "group" or similar insurance trade designation, may make the same filings or use the same rates for each such insurer, subject to …

The superintendent shall examine the affairs, transactions, accounts and records of each advisory organization licensed in this State as provided in section 2321‑A, and of joint underwriters and joint reinsurers as defined in section 2322‑A, as often as the superintendent conside…

1. 2. The superintendent may, after notice and opportunity for hearing, deny, revoke, suspend or limit the permissible activities of any rating or advisory organization or insurer which fails to comply with an order of the superintendent within the time period provided by the ord…

Any insurer, advisory organization or rating organization aggrieved by any order or decision of the superintendent may appeal therefrom as provided in section 236.

This subchapter may be known and cited as the "Workers' Compensation Rating Act."

The purposes of this Act are: [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] 1. Prohibition of certain behavior. To prohibit price-fixing agreements and other anticompetitive behavior by insurers; 2. Protection for policyholders and the public. To protect…

This Act applies to workers' compensation insurance and employers' liability insurance written in connection with workers' compensation insurance.

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] 1. Advisory organization. "Advisory organization" means any entity that either has 2 or more membe…

The following standards apply to the making and the use of rates under this Act. [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] 1. Rates. Rates may not be excessive, inadequate, or unfairly discriminatory. 2. Excessive rates. Voluntary and residual market…

Nothing in this Act prohibits or regulates the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, but in the payment of such dividends there may be no unfair discrimination between policyhol…

1. Uniform classification system; uniform experience rating plan. Every workers' compensation insurer, including self-insurers, shall adhere to a uniform classification system and uniform experience rating plan filed with the superintendent by an advisory organization designated …

1. Prefiling required. Every insurer shall file with the superintendent all rates and supplementary rate information to be used in the State, except as filed by an advisory organization as provided in section 2384‑A. Such rates and supplementary rate information must be filed at …

1. Required contents. The experience rating plan required under section 2382‑C must contain: A. Reasonable eligibility standards; [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991, c. 885, Pt. B, §13 (AFF).] B. Incentives for loss prevention; [PL 1991, c. 885, Pt. B, §12 (NEW); PL 1991…

1. Timing of disapproval. A rate that is found not to be in compliance with applicable sections of this Act may be disapproved at any time. 2. Basis of disapproval. The superintendent may disapprove a rate if the insurer fails to comply with the filing requirements under section …

In order to comply with Title 26, section 61, subsection 1‑A, on or before March 1st of each year, every workers' compensation insurer shall file a report with the superintendent showing the amount of total actual paid workers' compensation losses and the total actual paid worker…

1. Exchange of information. To further uniform administration of rate regulatory laws, the superintendent, insurers and the designated advisory organization may exchange information and experience data with insurance regulatory officials, insurers and advisory organizations in ot…

1. Monitoring. The superintendent shall monitor the degree of competition in the workers' compensation insurance market. The superintendent shall utilize existing relevant information and analytical techniques and may cause or participate in the development of new relevant inform…

Sections 2321‑A to 2321‑D apply to workers' compensation insurers and advisory organizations to the extent not inconsistent with this Act.

1. Filing. Every advisory organization shall file with the superintendent every pure premium, manual of rating rules, rating schedule and change, amendment or modification of the foregoing proposed for use in the State at least 30 days prior to the proposed effective date. 2. Eff…

1. Collection and reporting system. The statistical advisory organization designated pursuant to section 2382‑B, subsection 2 shall develop and file with the superintendent a plan that includes a comprehensive data collection and reporting system for insurers. The purpose of the …

1. Collection and reporting system. The superintendent shall adopt rules implementing a data collection system for the purpose of evaluating the costs and operation of the workers' compensation benefit delivery process. The rules must establish reasonable sampling procedures to i…

1. Optional deductible. Each insurer transacting or offering to transact workers' compensation insurance in the State shall offer optional deductibles to employers that may be used upon election by the insured. 2. Indemnity. Deductibles must be available for indemnity benefits in…