LD 1907
pg. 35
Page 34 of 38 PUBLIC Law Chapter 636 Page 36 of 38
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LR 2724
Item 1

 
of action may not arise from a person's furnishing information
concerning suspected, anticipated or completed fraudulent
viatical or life settlement acts or suspected or completed
fraudulent insurance acts if the information is provided to or
received from:

 
A. The superintendent or the superintendent's employees,
agents or representatives;

 
B. Federal, state or local law enforcement or regulatory
officials or their employees, agents or representatives;

 
C.__The National Association of Insurance Commissioners or
its successor organization, National Association of
Securities Dealers or its successor organization, the North
American Securities Administrators Association or its
successor organization, or their employees, agents or
representatives of these organizations, or other regulatory
body overseeing life insurance, settlements securities or
investment fraud;

 
D. A person involved in the prevention and detection of
fraudulent viatical or life settlement acts or that person's
agents, employees or representatives; or

 
E.__The life insurer that issued the life insurance policy
covering the life of the insured.

 
5.__Exception.__The following provisions apply to the
imposition of civil liability arising from information provided
to or received from the superintendent or the superintendent's
employees, agents or representatives.

 
A. Subsection 4 does not apply to statements made with
actual malice. In an action brought against a person for
filing a report or furnishing other information concerning a
fraudulent viatical or life settlement act or a fraudulent
insurance act, the party bringing the action shall plead
specifically any allegation that subsection 4 does not apply
because the person filing the report or furnishing the
information did so with actual malice.

 
B.__Subsection 4 does not apply to a person's furnishing
information concerning that person's own suspected,
anticipated or completed fraudulent viatical or life
settlement acts or suspected or completed fraudulent
insurance acts.


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