Maine Claims Compliance
Key regulatory requirements, correspondence deadlines, and mandated forms for Maine (ME).
Catastrophe-Specific Rules Apply
Maine has catastrophe-specific rules that may modify standard deadlines and require additional consumer notices during declared emergency periods. Check the Disclosures tab for details.
Quick Reference
Key Deadlines
Requirements
- Mandated Forms
- Catastrophe Rules
- Separate P&C / Life & Health
- Fraud Warning
- Depreciation Notice
- E-Delivery (yes)
Regulatory Authority
Maine Bureau of Insurance (Department of Professional and Financial Regulation)
Phone: (800) 300-5000 or (207) 624-8475; Website: www.maine.gov/pfr/insurance; Mailing Address: Bureau of Insurance, 34 State House Station, Augusta, ME 04333
Bad Faith: 24-A M.R.S. § 2436-A
Lines of Business
Key Statutes
- 24-A M.R.S. § 2164-D
- 24-A M.R.S. § 3002
Maine handles claims correspondence according to specific state regulations. Requirements vary depending on the line of business and specific claim circumstances.
Acknowledgment
Every claim must be acknowledged within a reasonable time of receipt. The acknowledgment should identify the insurance policy and coverage at issue.
Denial
A written denial must be issued within a reasonable time. The denial must reference the specific policy provisions, conditions, or exclusions relied upon.
Statutory Language
Specific fraud warning required.
LOB-Specific Requirements
Regulatory requirements for Maine, grouped by line of business. Select a chip to filter.
- Appraisal Process DetailsStatutory
- If parties fail to agree on the amount of loss, on the written demand of either, each shall select a competent and disinterested appraiser within C20 of such demand; the appraisers then have C15 to select a competent and disinterested umpire (24-A M.R.S. § 3002).
- Unfair Claims Practices Act RefStatutory
- 24-A M.R.S. § 2436-A; 24-A M.R.S. § 2164-D
- Prompt Payment Statute RefStatutory
- 24-A M.R.S. § 2436
- HO Specific RequirementsStatutory
- Standard Fire Policy required (24-A M.R.S. § 3002).
- Catastrophe ProvisionsStatutory
- The requirement to provide necessary claim forms within C15 of a request does not apply when there is an extraordinary loss or series of losses resulting from a catastrophe as determined by the superintendent (24-A M.R.S. § 2164-D(3)(M)).
- Proof Of Loss RequirementsStatutory
- Under the Standard Fire Policy, if the insured fails to render proof of loss, the mortgagee, upon notice, shall render proof of loss within C60 thereafter (24-A M.R.S. § 3002).
- Suit Limitation PeriodStatutory
- Minimum of 2 years after the inception of the loss for domestic insurers via the Standard Fire Policy (24-A M.R.S. § 3002); for foreign insurers, no conditions shall limit the time for commencing actions to a period of less than 2 years from the time when the cause of action accrues (24-A M.R.S. § 2433).
Maine Case Law
Published decisions that shape claim-handling and correspondence practice in Maine. Pair these with the statutory deadlines above.
- Case Law
Patrons Oxford Ins. Co. v. Harris
905 A.2d 819 (2006)
Reservation of RightsAuto. . URL: https://www.policyholderpulse.com/files/2020/06/Maine-Patrons-Oxford-Ins-Co-v-Harris.pdf
- Case Law
Roberts v. Maine Bonding & Cas. Co
404 A.2d 238 (1979)
Reservation of RightsHomeownersWaiver is the voluntary relinquishment of a known right. If an insurer knows of a coverage defense but proceeds to defend the insured without issuing an ROR, it effectively waives the right to rely on that defense later .
- Case LawDiminished ValueCommercial Auto
Statute of Limitations N/A (Claims denied) 6 Years
- Case LawClosing LettersDuty to DefendCommercial PropertyProfessional Liability
the court noted that a delay of a few weeks (14 to 17 days) to deny coverage was eminently reasonable as a matter of law, whereas delays stretching into several months without justification can be deemed unreasonable and form the basis for statutory penalties .
- Case LawDiminished ValueCommercial Auto
Collins v. Kelley (1935)
- Case LawStatus UpdatesCommercial Auto
an insurer owes a contractual duty to act in good faith and deal fairly with its insured in the handling of claims .
Show 9 more cases
- Case LawClosing LettersCommercial Property
the court emphasized that an insurer must either pay or dispute a claim within 30 days .
- Case LawReservation of RightsCommercial Property
noted that while delays of 14 to 17 days might be considered reasonable as a matter of law to evaluate coverage, an unexplained delay of six months is categorically unreasonable and exposes the insurer to UCSPA liability . Consequently, an ROR must be sent as soon as the coverage question becomes apparent.
- Closing LettersCommercial Property
a commercial entity sued its property insurer under § 2436-A. The federal district court noted that the statute provides a "safe harbor" from liability if the insurer has a "reasonable basis to contest coverage" . The closing letter is the evidentiary proof that the insurer formulated and communicated this reasonable basis. Without it, the insurer is highly vulnerable to a § 2436-A lawsuit .
- Case LawBad FaithDuty to DefendGeneral LiabilityHomeowners
which held that an insurer has exclusive authority to settle claims and absolute immunity from excess liability, and Wilson v. Aetna Cas. & Sur. Co. (1950), which recognized the principle that an insurer could be liable for bad faith or negligence in failing to accept a compromise . However, Maine's statutory framework (24-A M.R.S.
- Case LawBad FaithAutoCommercial Property
that "the existence of a cause of action in Maine for damages for an insurer's bad faith failure to settle within policy limits is unsettled" . While an 1899 case (Rumford Falls) gave insurers exclusive authority to settle with no excess liability, the 1950 case Wilson v. Aetna Cas.
- Case LawBad FaithCommercial AutoProfessional Liability
Maine historically rejected this liability in 1899 (Rumford Falls Paper Co.), but modern lower courts have occasionally recognized an insurer's duty to defend in good faith and exert reasonable efforts to settle within policy limits. Currently, there is no definitive, modern, binding Stowers-type doctrine in Maine, making it a gray area of law .
- Case LawReservation of RightsGeneral Liability
. The Law Court acknowledged the "serious dilemma" faced by an insurer obligated to defend a claim that it may not have to indemnify, noting that in such cases, "the parties may agree that the insurer hire independent counsel for the insured" .
- Case Law
Wilson v. Aetna
1950
Bad FaithWorkers' Comp: https://law.justia.com/cases/maine/supreme-court/1950/76-a-2d-111-0.html
- Case LawBad FaithHomeowners
which recognized the principle that an insurer could be liable for bad faith or negligence in failing to accept a compromise . However, Maine's statutory framework (24-A M.R.S.
Historical court cases are for reference only and may be superseded, distinguished, or abrogated.
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