LD 852
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LR 1734
Item 1

 
Sec. 2. 39-A MRSA §403, sub-§4-A is enacted to read:

 
4-A.__Group self-insurance reinsurance account.__As an
alternative to obtaining a reinsurance contract providing
coverage against losses arising out of one occurrence, a group
self-insurer may participate in a group self-insurance
reinsurance account, referred to in this subsection as "an
account," as provided in this subsection.__ More than one account
may be established pursuant to this subsection.__Each account
established pursuant to this subsection is an independent entity
and an instrumentality of the State, but the debts and
liabilities of an account are not debts and liabilities of the
State.

 
A.__Any group self-insurer that is subject to joint and
several liability pursuant to subsection 4, paragraph F may
apply to reinsure through an account.

 
(1)__Upon the petition of 4 or more authorized group
self-insurers, the Superintendent of Insurance may
approve an account for the deposit of funds in lieu of
reinsurance.

 
(2)__The account must indemnify its participating group
self-insurer members for claims incurred during the
account's operation.__The purpose of the account is to
accumulate funds to provide coverage against losses
arising out of one occurrence in excess of $500,000 or
such other amounts as may be permitted or required for
particular members consistent with the plan of
operation established pursuant to paragraph B.

 
(3) A group self-insurer is deemed to be a member of
the account for reinsurance coverage for purposes of a
claim if the group self-insurer is a member of the
account when an injury occurs or a covered occupational
disease loss is incurred.

 
(4) A group self-insurer that reinsures through an
account shall continue to make payments into that
account in accordance with the plan of operation
established pursuant to paragraph B.

 
(5)__A group self-insurer's participation in an account is
considered as a component of the group self-insurer's renewal
application.__A group self-insurer's membership in an account is
considered adequate protection against losses arising out of a
single occurrence unless the Superintendent of


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