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| Sec. 4. 14 MRSA §1602-A, first ¶, as repealed and replaced by PL 1987, c. | | 646, §4, is repealed and the following enacted in its place: |
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| | | From and after the date of entry on an order of judgment, | | including the period of the pendency of an appeal, interest is | | allowed at a rate of 10%.__The Supreme Judicial Court may | | review the rate of interest after judgment no more than once | | per year and, if there has been a substantial change in market | | interest rates, may order a change of the rate in this section | | to accurately reflect the market rate.__If the Supreme | | Judicial Court orders a change in the interest rate under this | | section, the rate must be roughly 167% of the rate set in | | section 1602. |
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| | | Sec. 5. 14 MRSA §1602-A, sub-§1, as amended by PL 1989, c. 502, Pt. | | B, §15, is repealed. |
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| | | Sec. 6. 14 MRSA §1602-A, sub-§2, as amended by PL 2001, c. 471, Pt. | | D, §14, is repealed. |
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| | | Sec. 7. 18-A MRSA §3-806, sub-§(d), as amended by PL 1997, c. 202, §1, | | is further amended to read: |
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| | | (d) Unless otherwise provided in any judgment in another | | court entered against the personal representative, allowed | | claims bear prejudgment interest at the rate specified in | Title 14, section 1602, subsection 1, paragraph A for the | | period commencing 60 days after the time for original | | presentation of the claim has expired unless based on a | | contract making a provision for interest, in which case they | | bear interest in accordance with that provision. |
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| | | (1) Interest may not accrue on any allowed claims, | | however allowed, against an insolvent estate, except to | | the extent that insurance coverage or other nonprobate | | assets are available to pay the claim in full. This | | paragraph is effective for estates of decedents who die on | | or after October 1, 1997. |
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| | | (2) To the extent that an allowed claim against an | | insolvent estate is secured by property, the value of | | which, as determined under section 3-809, is greater than | | the amount of the claim, the holder of the claim may | | receive interest on the principal amount of the claim and | | any reasonable fees, costs or charges provided for under | | an agreement under which the claim arose. This paragraph | | is effective for estates of decedents who die on or after | | October 1, 1997. |
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