| Section 5 of the bill permits mutual property and casualty |
insurance companies in Maine to adopt a mutual holding company |
structure. This bill is necessary because of a provision of the |
federal Financial Services Modernization Act of 1999. Unless a |
state's laws authorize mutual insurers to transfer their domicile |
to another state and reorganize as a stock insurance company |
owned by a mutual holding company, the federal law preempts state |
insurance laws for this type of reorganization. Maine law does |
not currently authorize that kind of reorganization. By |
establishing law to allow mutual property and casualty insurers |
to reorganize, this bill ends the federal preemption and |
provides flexibility to mutual property and casualty insurers |
organized in Maine and does so under terms that fairly protect |
the interests of policyholders in those companies. |