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good the impairment within a reasonable time. Notice of to the | impaired insurer shall constitute constitutes notice to its | | shareholders, if any. The failure of the insurer to promptly | comply with the demand shall does not excuse the association | | from the performance of its powers and duties under this | | chapter; and |
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| | | Sec. 9. 24-A MRSA §4611, sub-§3, as enacted by PL 1983, c. 846, is | | amended to read: |
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| | | 3. Appeal of actions of board of directors or association. | | Any final action of the board of directors or the association may | | be appealed to the superintendent by any member insurer if such | | appeal is taken within 30 days of the action being appealed. Any | final action or order of the superintendent shall be is subject | | to judicial review pursuant to chapter 3. |
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| | | Sec. 10. 24-A MRSA §4612, as enacted by PL 1983, c. 846, is | | repealed. |
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| | | Sec. 11. 24-A MRSA §4612-A is enacted to read: |
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| | | §4612-A.__Prevention of impairments and insolvencies |
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| | | To aid in the detection and prevention of insurer impairments | | and insolvencies, the following provisions apply. |
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| | | 1. Action by superintendent.__The superintendent shall: |
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| | | A. Notify the insurance commissioners of all the other | | states, territories of the United States and the District of | | Columbia, within 30 days following the action taken or the | | date the action occurs, when the superintendent takes any of | | the following actions against a member insurer: |
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| | | (2) Suspends a license; or |
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| | | (3) Makes a formal order that the member insurer | | restrict its premium writing, obtain additional | | contributions to surplus, withdraw from the State, | | reinsure all or any part of its business or increase | | capital, surplus or any other account for the security | | of policy owners or creditors. |
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| | | B. Report to the board of directors when the superintendent has | | taken any of the actions set forth in paragraph A or has received | | a report from any other insurance commissioner indicating that | | any | | such action has been taken in another |
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