Maine § 24-A §2164-D Unfair claims practices

Maine Statutes

§ 24-A §2164-D — Unfair claims practices

Maine § 24-A §2164-D

Title 24-AMAINE INSURANCE CODE

Ch. 23TRADE PRACTICES AND FRAUDS

This text of Maine § 24-A §2164-D (Unfair claims practices) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 24-A, § 24-A §2164-D (2026).

Text

1.Definition. As used in this section, "insurer" means any person, reciprocal exchange, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including, but not limited to, producers, adjusters and 3rd-party administrators. "Insurer" also means nonprofit hospital or medical service organizations, as described in Title 24, section 2301.

2.Prohibited activities. It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to commit any act under subsection 3 if:

3.Unfair practices. Any of the following acts by an insurer, if committed in violation of subsection 2, constitutes an unfair claims practice:

4.Compelling insureds to institute suits. It is an unfair claims practice for any dom

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1.
Definition.
As used in this section, "insurer" means any person, reciprocal exchange, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including, but not limited to, producers, adjusters and 3rd-party administrators. "Insurer" also means nonprofit hospital or medical service organizations, as described in Title 24, section 2301.
2.
Prohibited activities.
It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to commit any act under subsection 3 if:
3.
Unfair practices.
Any of the following acts by an insurer, if committed in violation of subsection 2, constitutes an unfair claims practice:
4.
Compelling insureds to institute suits.
It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to compel insureds to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them with such frequency as to indicate a general business practice; except that this provision does not apply when the insurer has a reasonable basis to contest liability or dispute the amount of any damages or the extent of any injuries claimed.
5.
Resolution of claims.
It is an unfair claims practice for any domestic, foreign or alien insurer transacting business in this State to fail to deal with insureds in good faith to resolve claims made against policies of insureds without just cause and with such frequency as to indicate a general business practice.
6.
Chapter 56-A.
The superintendent shall ensure that the provisions of chapter 56‑A and any rules adopted pursuant to that chapter are enforced consistent with this section.
7.
Rules.
The superintendent may adopt rules necessary to carry out the provisions of this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.
8.
Private action.
This section may not be construed as abridging an insurer's duty to its insured or altering policy provisions. This section may not be construed to create or imply a private cause of action for violation of this section.
9.
Applicability.
This section does not apply to claims involving workers' compensation, medical malpractice, fidelity, suretyship or boiler and machinery insurance.