LD 474
pg. 1
LD 474 Title Page An Act to Require Liability Insurance Carriers to Disclose Limits of Liability ... LD 474 Title Page
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LR 2043
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 24-A MRSA §14 is enacted to read:

 
§14.__Liability insurance carrier of potential defendant required

 
to provide claimant with limitations of liability; penalty

 
1.__Liability insurance carrier to provide claimant with
limitations of liability.__In a case in which a personal injury
claimant has served a notice of claim against a potential
defendant pursuant to Title 14, section 1602, subsection 1, the
liability insurance carrier for the potential defendant shall
provide the claimant or the claimant's agent, no later than 14
days after receipt of a written request by the claimant or the
claimant's agent, with the limitations of liability in existence
in the insurance agreement it has with the potential defendant.

 
2.__Penalty.__If an insurance carrier that conducts business
in this State fails to comply with the provisions of this
section, the claimant or the claimant's agent may enforce this
section by motion in a court of competent jurisdiction and may
recover the claimant's reasonable attorney's fees and costs.__In
addition, the insurance carrier is liable for a civil penalty of
$100 for each day it fails to comply with this section.

 
SUMMARY

 
This bill requires a liability insurance carrier of a
potential defendant to provide a claimant with the limitations of
liability in the insurance agreement that the carrier has with
the potential defendant and imposes a civil penalty of $100 a day
for each day an insurance carrier fails to provide the required
information.


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