| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 24-A MRSA §4438, sub-§1, śC, as amended by PL 1995, c. 289, | | §15, is further amended to read: |
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| | | C. Allocate claims paid and expenses incurred among the 3 | | accounts separately; and assess member insurers separately | | for each account in amounts necessary to pay: |
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| | | (1) The obligations of the association under paragraph | | A, subsequent to an insolvency, the obligations of the | | accounts for shortfalls under section 4440-A, and for | | preinsolvency assessments, if required by section 4440, | | subsection 3, paragraph B, and the obligations of the | | association under paragraph A-1; |
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| | | (2) The expenses of handling covered claims subsequent | | to an insolvency; |
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| | | (3) The cost of examinations under section 4445 and | | audits under section 4453; and |
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| | | (4) Other expenses authorized by this subchapter; |
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| | | Sec. 2. 24-A MRSA §4448, as amended by PL 1973, c. 585, §12, is | | further amended to read: |
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| | | There shall be is no liability on the part of and no cause of | action of any nature shall may arise against any member insurer, | | the association or its agents or employees, the board of | directors, or the superintendent or his the superintendent's | | representatives for any action taken or any failure to act by | | them in the performance of their powers and duties under this | | subchapter. This section provides no immunity for disclosing or | | furnishing false information with malice or willful intent to | | injure any person. |
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| | | Sec. 3. 24-A MRSA §4453 is enacted to read: |
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| | | §4453.__Audits of association |
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| | | The association is subject to audit by the Workers' | | Compensation Board, created by Title 39-A, section 151 and | | referred to in this section as "the board," as provided in this | | section. |
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| | | 1.__Audit by board.__The board may audit a claim arising under | | a workers' compensation policy that covers an individual in the | | State to determine whether the association: |
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