LD 933
pg. 31
Page 30 of 38 PUBLIC Law Chapter 346 Page 32 of 38
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LR 2060
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the insurer became insolvent or, in the case of an assessment
with respect to an impaired insurer, the calendar year for
which information is available preceding the year in which the
insurer became impaired bears to premiums received on business
in this State for the calendar year by all assessed member
insurers.

 
D.__Assessments for funds to meet the requirements of the
association with respect to an impaired or insolvent insurer
may not be authorized or called until necessary to implement
the purposes of this chapter.__Classification of assessments
under subsection 2-A and computation of assessments under
this paragraph must be made with a reasonable degree of
accuracy, recognizing that exact determinations may not
always be possible.

 
4. Abatement or deferral of assessments. The association may
abate or defer, in whole or in part, the assessment of a member
insurer if, in the opinion of the board of directors, payment of
the assessment would endanger the ability of the member insurer
to fulfill its contractual obligations. Once the conditions that
caused a deferral have been removed or rectified, the member
insurer shall pay all assessments that were deferred pursuant to
a repayment plan approved by the association. The total of all
assessments upon a member insurer for each account shall may not
in any one calendar year exceed 2% of the insurer's premiums in
this State on the policies covered by the account.

 
5. Additional assessment for abatements or deferrals. In the
event an assessment against a member insurer is abated or
deferred, in whole or in part, because of the limitations set
forth in subsection 4, the amount by which the assessment is
abated or deferred shall must be assessed against the other
member insurers in a manner consistent with the basis for
assessments set forth in this section.

 
6. Refunds. The board of directors may, subject to the
preinsolvency funding requirement of section 4609, subsection 2,
paragraph D, by an equitable method as established in the plan of
operation, refund to member insurers, in proportion to the
contribution of each insurer to that account, the amount by which
the assets of the account exceed the amount the board finds is
necessary to carry out during the coming year the obligations of
the association with regard to that account, including assets
accruing from net realized gains and income from investments. A
reasonable amount may be retained in any account to provide funds
for the continuing expenses of the association and for future
losses if refunds are impractical.


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