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PUBLIC LAWS OF MAINE
Second Regular Session of the 119th

CHAPTER 572
H.P. 916 - L.D. 1294

An Act to Provide for a Limited Waiver of Immunity

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 14 MRSA §158-A, sub-§3 is enacted to read:

     3. Limited waiver of immunity while operating vehicles, vessels or aircraft. Notwithstanding any immunity granted in subsection 2, a director, officer or volunteer is considered to have waived immunity from liability when the cause of action arises out of the director's, officer's or volunteer's operation of a motor vehicle, vessel, aircraft or other vehicle for which the operator or the owner of the vehicle, vessel or craft is required to possess an operator's license or maintain insurance. The amount of damages in an action authorized by this section may not exceed the combined limits of coverage of any applicable insurance policies other than umbrella insurance coverage and the courts shall abate a verdict in an action to the extent that it exceeds such limits. A provision in a policy of insurance that attempts to exclude coverage for claims that are authorized by this section is void as contrary to public policy.

     Sec. 2. Application. This Act applies to insurance policies issued or renewed on or after September 1, 2000. For purposes of this Act, all policies are deemed to be renewed no later than the next yearly anniversary of the policy issue date.

Effective August 11, 2000, unless otherwise indicated.

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