Maine § 24-A §12-A Civil penalty and enforcement provisions

Maine Statutes

§ 24-A §12-A — Civil penalty and enforcement provisions

Maine·Title 24-A MAINE INSURANCE CODE·Ch. 1 GENERAL DEFINITIONS AND PROVISIONS

1.Civil penalty. Civil penalties may be assessed against any person who: 1-A. Equitable relief; actual damages. In addition to a civil penalty awarded pursuant to subsection 1, the Superior Court may award to any injured insured or applicant for insurance who is represented by the Attorney General reasonable equitable relief and actual damages.

2.Cease and desist orders. The superintendent may issue a cease and desist order following an adjudicatory hearing held in conformance with Title 5, chapter 375, subchapter IV, if the superintendent finds that any person has engaged in or is engaging in any act or practice in violation of any law administered or enforced by the superintendent, any rules promulgated under that law or any lawful order of the superintendent. 2-A. Emergency cease and

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Civil penalty.
Civil penalties may be assessed against any person who:
1-A.
Equitable relief; actual damages.
In addition to a civil penalty awarded pursuant to subsection 1, the Superior Court may award to any injured insured or applicant for insurance who is represented by the Attorney General reasonable equitable relief and actual damages.
2.
Cease and desist orders.
The superintendent may issue a cease and desist order following an adjudicatory hearing held in conformance with Title 5, chapter 375, subchapter IV, if the superintendent finds that any person has engaged in or is engaging in any act or practice in violation of any law administered or enforced by the superintendent, any rules promulgated under that law or any lawful order of the superintendent.
2-A.
Emergency cease and desist.
The superintendent may issue an emergency cease and desist order, without prior notice and hearing, if the complaint shows that a person is engaging in unlicensed insurance activities or is engaging in conduct that creates an immediate danger to the public safety or is causing or is reasonably expected to cause significant, imminent and irreparable public injury.
3.
Reprimand or censure.
The superintendent may issue a letter of reprimand or censure to any licensee, but only after opportunity for hearing has been provided to any and all persons who are subjects of the reprimand.
4.
Refunds of overcharges.
In the event that any insurer, fraternal benefit society, nonprofit hospital service plan, nonprofit medical service plan, nonprofit health care plan, health maintenance organization or preferred provider organization makes charges to any person that are not in conformity with a filing that it is required to submit for approval or disapproval by this Title or Title 24, the superintendent may order that refunds of any overcharges be made.
5.
Election of enforcement options.
The superintendent may elect to utilize any or all of the enforcement options provided by this section, in combination or in sequence, as the superintendent deems appropriate. The penalties and provisions of this section are in addition to any other penalty provided by law.
6.
Restitution.
The superintendent may order restitution for any insured or applicant for insurance injured by a violation for which a civil penalty may be assessed pursuant to this section.

Maine § 24-A §12-A (Civil penalty and enforcement provisions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1989, c. 269, §3 (NEW). PL 1989, c. 826 (AMD). PL 1991, c. 298, §§1,2 (AMD). PL 1997, c. 634, §B1 (AMD). PL 2001, c. 165, §B1 (AMD). PL 2005, c. 41, §1 (AMD). PL 2009, c. 13, §1 (AMD).