LD 852
pg. 7
Page 6 of 8 PUBLIC Law Chapter 315 Page 8 of 8
Download Chapter Text
LR 1734
Item 1

 
such retention levels as the superintendent determines to be
appropriate.

 
E.__The Superintendent of Insurance may address any
deficiency in reserves, assets or reinsurance of an account
in accordance with this paragraph.

 
(1)__The superintendent may conduct, upon reasonable
notice, an examination to determine the financial
condition of an account.__An examiner duly qualified by
the superintendent may examine the loss reserves,
assets, liabilities, excess insurance and working
capital of an account.__If the superintendent finds
that the reserves, excess insurance or assets may be
inadequate, or that an account does not have working
capital in an amount establishing the financial
strength and liquidity of an account to pay claims
promptly and showing evidence of the financial ability
of an account to meet its obligations to group self-
insurer members, the superintendent shall notify an
account of the inadequacy.__Upon notification, the
account within 30 days, or such other time as the
superintendent approves, shall file with the
superintendent its written plan specifying remedial
action to be taken and the time frame for
implementation of that plan.

 
(2)__If the superintendent determines, after reviewing
the information filed pursuant to paragraph D, that a
hazardous financial condition exists, the
superintendent shall notify an account of the
condition.__Upon notification, an account shall
implement within 30 days, or such other time as the
superintendent approves, its plan to correct any
deficiencies and within 90 days shall file with the
superintendent proof of remedial action taken.__If the
superintendent is satisfied that the plan submitted to
improve the inadequate condition of an account is
sufficient, the superintendent shall notify the
account.__The account shall report quarterly to the
superintendent until any deficiencies and their causes
have been corrected.

 
(3)__The Superior Court may appoint the superintendent
to act as receiver, in the same manner as for a
delinquent insurer pursuant to Title 24-A, section
4360, if the superintendent proves by clear and
convincing evidence that a hazardous financial
condition exists and that an account is unable or
unwilling to take meaningful corrective action.


Page 6 of 8 Top of Page Page 8 of 8
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer