S.P. 281 - L.D. 889
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2436-A, as enacted by PL 1987, c. 291, §2, is repealed and the following enacted in its place:
§2436-A. Unfair claims settlement practices
1. Civil actions. A person injured by any of the following actions taken by that person's own insurer may bring a civil action and recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of 1 1/2% per month:
A. Knowingly misrepresenting to an insured pertinent facts or policy provisions relating to coverage at issue;
B. Failing to acknowledge and review claims, which may include payment or denial of a claim, within a reasonable time following receipt of written notice by the insurer of a claim by an insured arising under a policy;
C. Threatening to appeal from an arbitration award in favor of an insured for the sole purpose of compelling the insured to accept a settlement less than the arbitration award;
D. Failing to affirm or deny coverage, reserving any appropriate defenses, within a reasonable time after having completed its investigation related to a claim; or
E. Without just cause, failing to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear.
2. Without just cause. For the purposes of this section, an insurer acts without just cause if it refuses to settle claims without a reasonable basis to contest liability, the amount of any damages or the extent of any injuries claimed.
3. No limitation on other cause of action. Nothing in this section prohibits any other claim or cause of action a person has against an insurer.
4. Application. This section does not apply to workers' compensation claims.
Effective June 30, 1998, unless otherwise indicated.
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