LD 933
pg. 25
Page 24 of 38 PUBLIC Law Chapter 346 Page 26 of 38
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LR 2060
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reinsurer and the other insurer agree to the contrary;
and

 
(2)__The obligations described in this chapter no
longer apply on and after the date the indemnity
reinsurance agreement is transferred to the 3rd-party
insurer.

 
This paragraph does not apply if the association has
previously expressly determined in writing that it will not
exercise the election.

 
F.__This subsection supersedes the provisions of any law of
this State or of any affected reinsurance agreement that
provides for or requires any payment of reinsurance
proceeds, on account of losses or events that occur in
periods after the coverage date, to the receiver, liquidator
or rehabilitator of an insolvent insurer.__The receiver,
rehabilitator or liquidator is entitled to any amounts
payable by the reinsurer under the reinsurance agreement
with respect to losses or events that occur in periods prior
to the coverage date subject to applicable set-off
provisions.

 
G.__Except as otherwise expressly provided, this subsection
does not alter or modify the terms and conditions of the
indemnity reinsurance agreements of an insolvent insurer.__
This subsection may not be construed to abrogate or limit
any rights of any reinsurer to claim that it is entitled to
rescind a reinsurance agreement.__This subsection may not be
construed to give a policy owner or beneficiary an
independent cause of action against an indemnity reinsurer
that is not otherwise set forth in the indemnity reinsurance
agreement.

 
13. Discretion.__The board of directors of the association has
discretion and may exercise reasonable business judgment to
determine the means by which the association is to provide the
benefits of this chapter in an economical and efficient manner.

 
14.__No additional benefits.__When the association has
arranged or offered to provide the benefits of this chapter to a
covered person under a plan or arrangement that fulfills the
association's obligations under this chapter, the person is not
entitled to benefits from the association in addition to or other
than those provided under the plan or arrangement.

 
15. Venue. Venue in a suit against the association arising
under this chapter is Kennebec County.__The association may not


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