Sec. 1. 14 MRSA §158-A, sub-§3 is enacted to read:

3.__Limited waiver of immunity while operating vehicles, vessels or aircraft.__Notwithstanding any immunity granted in subsection 2, a director, officer or volunteer is considered to have waived immunity from liability when the cause of action arises out of the director's, officer's or volunteer's operation of a motor vehicle, vessel, aircraft or other vehicle for which the operator or the owner of the vehicle, vessel or craft is required to possess an operator's license or maintain insurance.__ The amount of damages in an action authorized by this section may not exceed the combined limits of coverage of any__applicable insurance policies and the courts shall abate a verdict in an action to the extent that it exceeds such limits.__A provision in a policy of insurance that attempts to exclude coverage for claims that are authorized by this section is void as contrary to public policy.

SUMMARY

This bill creates a limited waiver of immunity for directors, officers or volunteers of charitable organizations who cause harm while operating vehicles, vessels or aircraft. The waiver is limited to the extent that these persons have insurance to cover claims against them. The bill also voids, as contrary to public policy, any provision in an insurance policy that attempts to limit or exclude coverage for claims that are authorized by the Maine Revised Statutes, Title 14, section 158-A.