An insurance policy or annuity contract form may not be delivered or issued for delivery in this State unless the form has
been filed with and approved by the superintendent in accordance with the following.
A. For purposes of this section, "form" includes:
(1) The basic form and any printed rider, endorsement or renewal form;
(2) An application form if a written application is required and is made a part of the policy or contract; and
(3) A certificate of coverage under a group policy or contract that is delivered or issued for delivery in this State. [1997, c. 370, Pt. G, §1 (NEW).]
B. This section does not apply to surety bonds or to specially rated inland marine risks, or to policies, riders, endorsements
or forms of unique character designed for and used with relation to insurance upon a particular subject or that relate to
the manner of distribution of benefits or to the reservation of rights and benefits under life or health insurance policies
and are used at the request of the individual policy holder, contract holder or certificate holder. [1997, c. 370, Pt. G, §1 (NEW).]
C. An advisory organization licensed pursuant to section 2321-A may file forms pursuant to this section on behalf of its members
and subscribers. The approval of such a filing does not restrict the right of an insurer authorized to use an advisory organization
form to develop and file forms on its behalf in addition to or instead of the advisory organization form. [1997, c. 370, Pt. G, §1 (NEW).]
1997, c. 370, Pt. G, §1 (RPR)
An insurer may not provide coverage to a resident of this State under a group or blanket policy or contract issued and delivered
outside this State unless the following requirements of this subsection are met.
A. For "other group" insurance policies as defined in sections 2612-A and 2808, all forms must be filed with and approved by
the superintendent. [1997, c. 370, Pt. G, §2 (NEW).]
B. For trustee group policies as defined in sections 2606-A and 2806 and association group policies as defined in sections
2607-A and 2805-A, certificates of coverage to be delivered or issued for delivery in this State:
(1) Must be filed with the superintendent at least 60 days before any solicitation in this State, with sufficient information
concerning the nature of the group, including any trust agreements or association bylaws, to enable the superintendent to
determine whether the group satisfies the statutory requirements for a trustee or association group; and
(2) May not have been disapproved. [1997, c. 370, Pt. G, §2 (NEW).]
C. For group or blanket policies other than those specified in paragraphs A and B and in section 2858, the group certificates
to be delivered or issued for delivery in this State must be filed with the superintendent at the superintendent's request
and may not have been disapproved. [2001, c. 258, Pt. H, §1 (AMD).]
D. The superintendent may disapprove a form filed pursuant to this subsection only if:
(1) The policy or form is not in compliance with the laws of the state in which it was issued or delivered;
(2) The policy or form is not in compliance with the laws of this State that apply when the policy is issued outside this
State, such as chapter 36 or section 2843; or
(3) The superintendent determines that the form is deceptive or misleading. [1997, c. 370, Pt. G, §2 (NEW).]
2001, c. 258, Pt. H, §1 (AMD)
Every filing must be made not less than 30 days in advance of any delivery. At the expiration of the 30 days, the form
so filed is deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the superintendent.
Approval of the form by the superintendent constitutes a waiver of any unexpired portion of the waiting period. The superintendent shall act on a filing no later than 30 days from receipt unless an extension is requested by the filer.
A filing required under this section must be made electronically in a format required by the superintendent unless exempted
by rule adopted by the superintendent. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A. At the expiration of the period so extended, and in the absence of prior affirmative approval or disapproval, any form is
deemed approved. The superintendent may at any time, after hearing and for cause shown, withdraw any approval.
2009, c. 14, §3 (AMD)
Any order of the superintendent disapproving any such form or withdrawing a previous approval shall state the grounds therefor
and the particulars thereof in such detail as reasonably to inform the insurer thereof. Any such withdrawal of a previously
approved form shall be effective at expiration of such period, not less than 30 days after the giving of the order of withdrawal,
as the superintendent shall in such order prescribe.
1973, c. 585, §12 (AMD)
The superintendent may, by order, exempt from the requirements of this section for so long as he deems proper any insurance
document or form or type thereof as specified in such order, to which, in his opinion, this section may not practicably be
applied, or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.
1973, c. 585, §12 (AMD)
Appeals from orders of the superintendent disapproving any such form or withdrawing a previous approval may be taken as
provided in sections 229 to 236.
1973, c. 585, §12 (AMD)
6.Motor vehicle insurance identification cards.
1989, c. 824, §2 (AMD);
MRSA T. 24-A, §2412, sub-§6 (RP)
7.Motor vehicle insurance identification cards.
Pursuant to this section, the superintendent, with the advice of the Secretary of State, shall prescribe a uniform motor
vehicle insurance identification card form. The superintendent shall require all insurance companies transacting business
within this State to provide with each motor vehicle liability insurance policy an insurance identification card for each
vehicle, describing the vehicle covered. When an insured has 5 or more motor vehicles registered in this State, the insurer
may use the designation "all owned vehicles" on each card in lieu of a specific description.
1991, c. 715, §1 (NEW)
8.Confidentiality of form filings.
Forms filed as required by this section and any supporting information are confidential until the filing is approved.
2005, c. 121, Pt. C, §2 (AMD)
1969, c. 132, §1 (NEW).
1973, c. 585, §12 (AMD).
1987, c. 341, §§1,7 (AMD).
1987, c. 476, §1 (AMD).
1989, c. 797, §§35,37,38 (AMD).
1989, c. 824, §2 (AMD).
1991, c. 715, §1 (AMD).
1997, c. 126, §4 (AMD).
1997, c. 370, §§G1,2 (AMD).
2001, c. 258, §H1 (AMD).
2003, c. 671, §A2 (AMD).
2005, c. 121, §C2 (AMD).
2009, c. 14, §3 (AMD).
MRSA T. 24-A, §2412, sub-§6 (AMD).
Data for this page extracted on 10/16/2012 08:29:52.
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