| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 24-A MRSA §1441-B, sub-§1, ¶¶J and K, as enacted by PL 1997, c. | | 592, §41, are amended to read: |
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| | | J. An insurer, health maintenance organization, fraternal | | benefit society, nonprofit hospital or medical service | | organization, viatical settlement provider or risk retention | | group and the agency or producer have mutually agreed upon | other terms; or |
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| | | K. All insurers' licenses or appointments terminate or | expire.; or |
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| | | Sec. 2. 24-A MRSA §1441-B, sub-§1, ¶L is enacted to read: |
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| | | L.__An insurer, health maintenance organization, fraternal | | benefit society, nonprofit hospital or medical service | | organization, viatical settlement provider or risk retention | | group receives a broker of record letter from the insured | | requesting a change in agencies or agents, a release of | | assignments or a redirection of commissions. |
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| | | Sec. 3. 24-A MRSA §1441-B, sub-§3, as enacted by PL 1997, c. 592, §41, | | is amended to read: |
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| | | 3. Rights of insureds. The termination of an appointment | | under this section does not affect the rights of insureds. An | | insured may change agencies or agents, may release assignments or | | may redirect commissions by sending a broker of record letter | | requesting so to the insurer, health maintenance organization, | | fraternal benefit society, nonprofit hospital or medical service | | organization, viatical settlement provider or risk retention | | group on any group or individual policy for any line purchased by | | the insured. |
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| | | Sec. 4. 24-A MRSA §1447, sub-§3 is enacted to read: |
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| | | 3.__Release to 3rd parties.__If an agent leaves an insurance | | agency, the agent may retain a duplicate copy of the records for | | which the agent was responsible while employed by that agency.__ | | If an agency's or insurance producer's appointment is terminated | | due to a broker of record letter being sent to the insurer, | | health maintenance organization, fraternal benefit society, | | nonprofit hospital or medical service organization, viatical | | settlement provider or risk retention group as described in | | section 1441-B, subsection 3, the agency or insurance producer | | shall make available to the new agency, insurance producer or | | agent copies of all records pertaining to that appointment and | | policy. |
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