Maine

QuickServe State Laws

Maine

1. Unfair Claims Practices Act

2. Unfair Trade Practices Act

3. Imitation Crash Parts Regulations - no law we have found yet.
4. Anti-Steering Regulations - no law we have found yet.

5. Timely Notification

6. Timely Payment

7. False & Misleading Advertising

8. False Use of Insurer’s Name

9. Total Losses - no law we have found yet.

10. Consumer Sales Practices Acts

11. Consumer Auto Repair Practices Acts

12. Telemarketing laws

13. Home Sales Act

14. Licensing Adjusters

15. Diminished Value - no law we have found yet.

Unfair Claims Practices Act

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:

A. It is committed in conscious disregard of this section and any rules adopted under this section; or [1997, c. 634, Pt. A, §1 (new).]

B. It has been committed with such frequency as to indicate a general business practice to engage in that type of conduct. [1997, c. 634, Pt. A, §1 (new).]

[1997, c. 634, Pt. A, §1 (rpr).]

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

A. Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions related to coverages at issue; [1997, c. 634, Pt. A, §1 (new).]

B. Failing to acknowledge with reasonable promptness pertinent written communications with respect to claims arising under its policies; [1997, c. 634, Pt. A, §1 (new).]

C. Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; [1997, c. 634, Pt. A, §1 (new).]

D. Failing to develop and maintain documented claim files supporting decisions made regarding liability; [1997, c. 634, Pt. A, §1 (new).]

E. Refusing to pay claims without conducting a reasonable investigation; [1997, c. 634, Pt. A, §1 (new).]

F. Failing to affirm coverage or deny coverage, reserving any appropriate defenses, within a reasonable time after having completed its investigation related to a claim; [1997, c. 634, Pt. A, §1 (new).]

G. Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured; [1997, c. 634, Pt. A, §1 (new).]

H. Making claim payments to an insured or beneficiary without indicating the coverage under which each payment is being made; [1997, c. 634, Pt. A, §1 (new).]

I. Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss and subsequent verification when subsequent verification would result in duplication of information appearing in the formal proof of loss; [1997, c. 634, Pt. A, §1 (new).]

J. Failing, in the case of claims denials or offers of compromise settlement, to promptly provide an accurate written explanation of the basis for those actions; [1997, c. 634, Pt. A, §1 (new).]

K. Failing to provide forms, accompanied by reasonable explanations for their use, necessary to present claims within 15 calendar days of such a request. This paragraph does not apply when there is an extraordinary loss or series of losses resulting from a catastrophe as determined by the superintendent; or [1997, c. 634, Pt. A, §1 (new).]

L. Failing to adopt and implement reasonable standards to ensure that the repairs of a repairer owned by or required to be used by the insurer are performed in a professional manner. [1997, c. 634, Pt. A, §1 (new).]

[1997, c. 634, Pt. A, §1 (new).]

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. [1997, c. 634, Pt. A, §1 (new).]

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. [1997, c. 634, Pt. A, §1 (new).]

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. [1997, c. 634, Pt. A, §1 (new).]

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. [1997, c. 634, Pt. A, §1 (new).]

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. [1997, c. 634, Pt. A, §1 (new).]

9. Applicability. This section does not apply to claims involving workers' compensation, medical malpractice, fidelity, suretyship or boiler and machinery insurance.

more>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec2164-D.html

Unfair Trade Practices Act

No person shall engage in this State in any trade practice which is defined in this chapter, as, or determined pursuant to this chapter, to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No resident of this State shall engage in any other state in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. [1969, c. 132, § 1 (new).]

more>> http://janus.state.me.us/legis/statutes/24-A/title24-Ach23sec0.html (table of contents)

Imitation Crash Parts Regulations

We have not found a law yet.

Anti-Steering Regulations

We have not found a law yet.

Timely Notification

B. Failing to acknowledge with reasonable promptness pertinent written communications with respect to claims arising under its policies; [1997, c. 634, Pt. A, §1 (new).]

C. Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; [1997, c. 634, Pt. A, §1 (new).]

D. Failing to develop and maintain documented claim files supporting decisions made regarding liability; [1997, c. 634, Pt. A, §1 (new).]

more>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec2164-D.html

Timely Payment

C. Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; [1997, c. 634, Pt. A, §1 (new).]

more>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec2164-D.html

False and Misleading Advertising

No person shall make, issue, circulate, or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title on any policy or class of policies misrepresenting the true nature thereof. [1969, c. 132, § 1 (new).]

updates>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec2153.html

False Use of Insurer’s Name

No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer. [1969, c. 132, § 1 (new).]

updates>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec2177.html

Total Losses

We have not found a law yet.

Consumer Sales Practices Acts

Title 10 Article 2: Part 2:

§2-201. Formal requirements: statute of frauds

(1) Except as otherwise provided in this section, a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable

(a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

(b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

(c) With respect to goods for which payment has been made and accepted or which have been received and accepted (section 2-606).

more>> http://janus.state.me.us/legis/statutes/11/title11sec2-201.html

Consumer Auto Repair Practices Acts

§1801. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

1. Customer. "Customer" means a person, including, but not limited to, an agent, who contracts with a repair facility for repair of a motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

2. Flat rate. "Flat rate" means a method of calculating charges for labor that is based on the specific repair done and not on the amount of time actually spent on that repair. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

3. Repair. "Repair" means the examination, maintenance, servicing, adjustment, improvement, replacement, removal or installation of a part of a motor vehicle, including, but not limited to, body work, painting and incidental services such as storage and towing, and excluding the sale of motor fuel. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

4. Repair facility. "Repair facility" means a motor vehicle repair facility offering services to the general public for compensation. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

more>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1801.html

§1802. Maximum charge for repair

1. Written designation by customer. Before a repair facility begins repairing a customer's motor vehicle, the customer may designate in writing a specific amount of charges for repair in excess of which the customer does not agree to be liable without further specific agreement, either oral or written. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

2. No liability without agreement. A customer is not liable for a charge in excess of the specific amount designated in accordance with subsection 1 without further specific oral or written agreement. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1802.html

§1803. Inspection of parts

Before demanding payment of any charge, a repair facility must allow a customer to inspect replaced parts and must return replaced parts to the customer on request unless the facility is required to return the parts to the manufacturer or distributor under a bona fide warranty or exchange arrangement. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1803.html

§1804. Used parts

Unless the customer specifically agrees before installation of the part, a repair facility may not install a used, reconditioned or rebuilt part. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1804.html

§1805. Notices

1. Form of notice. A repair facility must post the following notice in a place where it is reasonably likely to be seen by customers. The notice must be completed with information on charges and printed so that it is conspicuous and can be read by the average person.

The following form must be used:

"NOTICE TO OUR CUSTOMERS

REQUIRED UNDER STATE LAW

Before we begin making repairs, you have a right to put in writing the total amount you agree to pay for repairs. You will not have to pay anything over that amount unless you agree to it when we contact you later.

Before you pay your bill, you have a right to inspect any replaced parts. You have a right to take with you any replaced parts, unless we are required to return the parts to our distributor or manufacturer.

We can not install any used or rebuilt parts unless you specifically agree in advance.

You can not be charged any fee for exercising these rights.

WE CHARGE $ PER HOUR FOR LABOR.

(We round off the time to the nearest .)"

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

2. Flat rate. The notice must also contain the following if it applies:

"We also charge a flat rate for some repairs. Our service manager will explain what a flat rate is and show you how much it may cost you. A flat-rate charge may not match the time actually spent repairing your vehicle. PLEASE ASK US WHETHER WE WILL CHARGE YOU BY THE HOUR OR BY A FLAT RATE." [1997, c. 221, §1 (amd).]

3. Availability of guide. The notice must also contain the following:

"The current edition of the National Automobile Dealer's Association Official Used Car Guide New England Edition is available for your review upon request." [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1805.html

§1806. Fee prohibited

A repair facility may not, directly or indirectly, charge a fee for performing an obligation or for exercising a right under this subchapter. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1806.html

§1807. Unfair trade practice

A repair facility's failure to comply with this subchapter constitutes an unfair trade practice under Title 5, chapter 10. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1807.html

§1808. Waiver prohibited

The duties imposed by and rights created under this subchapter may not be waived or otherwise modified. Any waiver or modification is contrary to public policy and is void and unenforceable. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1808.html

§1809. Savings clause

This subchapter is in addition to and does not limit or replace other rights or procedures provided by statute or common law. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

update>> http://janus.state.me.us/legis/statutes/29-A/title29-Asec1809.html

Telemarketing laws

Title 10 Part 3: Chapter 225: TELEPHONE SOLICITATION

§1498. Automated telephone solicitation prohibited; exceptions; penalties

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Automated telephone calling device" means any system or equipment that selects, dials or calls telephone numbers and plays recorded messages. [1989, c. 775 (new).]

B. "Solicitation calls" means calls the purpose of which is any of the following:

(1) To offer real property, goods or services for sale or rent;

(2) To convey information on real property, goods or services to solicit sales or purchase;

(3) To promote or solicit charitable contributions; or

(4) To gather data or statistics or solicit information.

[1989, c. 775 (new).]

2. Prohibition. A person may not use an automated telephone calling device to make solicitation calls to:

A. Any emergency telephone numbers in this State including, but not limited to, the emergency telephone numbers of any hospital, physician, health care facility, ambulance service, or fire or law enforcement officer or facility; [1989, c. 775 (new).]

B. Any paging or cellular phone within the State; or [1989, c. 775 (new).]

C. Any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the State. [1989, c. 775 (new).]

[1989, c. 775 (new).]

3. Restriction. A person may not use an automated telephone calling device to make solicitation calls to any telephone number in the State except weekdays between 9 a.m. and 5 p.m., according to the time in this State, and may not complete more than one solicitation call to any telephone number during each 8-hour period. In addition, the person using the device to place the call shall ensure that the device disconnects no more than 5 seconds following the disconnection of the telephone number called. [1991, c. 524, §2 (amd).]

4. Caller identification. Persons making calls restricted under the provision of subsection 3 shall, within the first minute of the call, identify the name, address and telephone number of the organization for whom the call is being made. [1989, c. 775 (new).]

5. Prima facie violation. Use of any automated calling device that calls telephone numbers sequentially and cannot distinguish the telephone numbers of those authorized to be contacted from those it is unlawful to contact is prima facie evidence of intent to violate this section. [1989, c. 775 (new).]

6. Exceptions. This section does not prohibit the use of an automated telephone calling device to:

A. Inform purchasers of the receipt, availability or delivery of goods or services or any other pertinent information on the status of any purchased goods or services; [1989, c. 775 (new).]

B. Respond to a telephone inquiry initiated by the person to whom the automated call is directed; or [1989, c. 775 (new).]

C. Carry out the duties of any state or local governmental unit. [1989, c. 775 (new).]

[1989, c. 775 (new).]

7. Registration. [1999, c. 694, §1 (rp).]

7-A. Failure to produce transcript. A person using an automated telephone calling device for making solicitation calls shall maintain a full transcript of each solicitation call message that the person has transmitted to consumers during the previous 24 months. A copy of the transcript must be made available to the Attorney General upon request. Failure to provide a copy of a requested transcript is a violation of this section. [1999, c. 694, §2 (new).]

8. Penalty. Violation of this section is an unfair trade practice as prohibited by Title 5, section 207. [1999, c. 694, §3 (amd).]

update>> http://janus.state.me.us/legis/statutes/10/title10sec1498.html

§1499. Telephone solicitation

1. Prohibition. A person or entity may not initiate a solicitation call to a residential telephone subscriber in this State who has notified that person or entity, pursuant to Federal Communications Commission Regulations, 47 Code of Federal Regulations, Part 64, Section 64.1200, Paragraph e, as in effect on January 1, 1995, of the subscriber's wish not to receive solicitation calls made by or on behalf of that person or entity. [1995, c. 334, §2 (new).]

2. Civil action. A person within this State who has received within any 12-month period more than one telephone call in violation of subsection 1 by or on behalf of the same person or entity may bring an action in an appropriate state court for either or both of the following:

A. An injunction to stop future calls; or [1995, c. 334, §2 (new).]

B. Recovery of actual monetary losses from each violation or up to $500 in damages for each violation, whichever is greater. [1995, c. 334, §2 (new).]

It is an affirmative defense in any action brought under this subsection that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of subsection 1.

If the court finds that the defendant willfully or knowingly violated subsection 1, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph B.

[1995, c. 334, §2 (new).]

3. Attorney General action. Whenever the Attorney General has reason to believe that any person within this State has engaged or is engaging in a pattern or practice of telephone calls in violation of subsection 1, the Attorney General may bring a civil action on behalf of consumers for either or both of the following:

A. An injunction to stop future calls; or [1995, c. 334, §2 (new).]

B. Recovery of actual monetary losses from each violation or up to $500 in damages for each violation. [1995, c. 334, §2 (new).]

If the court finds the defendant willfully or knowingly violated subsection 1, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph B.

update>> http://janus.state.me.us/legis/statutes/10/title10sec1499.html

Home Sales Act

Title 9-A: MAINE CONSUMER CREDIT CODE Article III: Regulation of Agreements and Practices Part 5: HOME SOLICITATION SALES
§3-501. Definition: "Home solicitation sale"

"Home solicitation sale" means a consumer credit sale of goods, other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It includes a sale in which the seller allows the buyer to purchase goods or services pursuant to a lender credit card. It does not include a sale made pursuant to a preexisting open-end credit account, a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or a sale which is subject to the provisions on the consumer's right to rescind certain transactions of the Federal Truth in Lending Act. A sale which would be a home solicitation sale if credit were extended by the seller is a home solicitation sale although the goods or services are paid for in whole or in part by a consumer loan in which the lender is subject to defenses arising from the sale, section 3-404. [1973, c. 762, § 1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-501.html

§3-502. Buyer's right to cancel

1. In addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this Part. [1973, c. 762, § 1 (new).]

1-A. In addition to any other right to avoid a contract or sale, the first-time buyer of a home solicitation sale of a home food service plan has the right prior to delivery of the food or nonfood items to cancel the sale until midnight of the 10th day after the date on which the buyer signs an agreement or offer to purchase that complies with this Part. [1991, c. 750, §1 (new).]

2. Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. [1973, c. 762, § 1 (new).]

3. Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid. [1973, c. 762, § 1 (new).]

4. Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale. [1973, c. 762, § 1 (new).]

5. If the agreement or offer to purchase requires the seller to affix goods permanently to real estate or its appurtenances, then the seller may not begin performance as long as the buyer has the right to cancel. [1981, c. 187, § 1 (new).]

6. If the agreement or offer to purchase requires the seller to deliver a home food service plan, the seller shall allow the first-time buyer of a home food service plan to cancel the plan, without charge, at the time of delivery of the food or nonfood items. [1991, c. 750, §1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-502.html

§3-503. Form of agreement or offer; statement of buyer's rights

1. In a home solicitation sale, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs, contains a statement of the buyer's rights which complies with subsection 2, and the terms of the sale. A completely executed copy of the agreement shall be furnished by the seller to the buyer immediately after the buyer signs the agreement. [1973, c. 762, § 1 (new).]

2. The statement must:

A. Appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL;" and [1973, c. 762, § 1 (new).]

B. Read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of ..........(Stated date) when cancellation right lapses. The notice must be mailed to: .......... (Insert name and mailing address of seller)

If you cancel by this date, the seller may not keep any of your cash down payment. If this agreement requires the seller to affix goods to real estate, then the seller may not begin the work until .......... (Stated date) when cancellation right lapses."

[1981, c. 187, § 2 (amd).] [1981, c. 187, § 2 (amd).]

3. A home solicitation sales contract which contains the notice of cancellation forms and content required by the Federal Trade Commission's trade regulation rule providing for a time period within which a home solicitation sale may be cancelled shall be deemed as complying with the requirements of this Part, so long as the Federal Trade Commission rule provides at least equal information to the consumer concerning his right to cancel as is required by this Part. [1973, c. 762, § 1 (new).]

4. Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel. [1973, c. 762, § 1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-503.html

§3-504. Restoration of down payment; no retention of cancellation fee

1. Within 20 days after a home solicitation sale has been cancelled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. A provision permitting the seller to keep all or any part of any payment, note or evidence of indebtedness is in violation of this section and unenforceable. [1973, c. 762, § 1 (new).]

2. If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. [1973, c. 762, § 1 (new).]

3. Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled. [1973, c. 762, § 1 (new).]

4. The seller is not entitled to retain any cancellation fee. [1973, c. 762, § 1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-504.html

§3-505. Duty of buyer; no compensation for services prior to cancellation

1. Except as provided by the provisions on retention of goods by the buyer, subsection 3 of section 3-504, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, 40 days is presumed to be a reasonable time. [1973, c. 762, § 1 (new).]

2. The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk. [1973, c. 762, § 1 (new).]

3. If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation. [1973, c. 762, § 1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-505.html

§3-506. Limitation

This Part shall not apply to any transaction covered by section 8-204, nor shall it apply to any sale, by any dealer or agent or salesman of a registered dealer, registered pursuant to Title 32, chapter 105, of stocks, bonds, debentures or securities representing stocks, bonds or debentures registered pursuant to Title 32, chapter 105 or expressly exempt from registration thereof. [1987, c. 129, § 62 (amd).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-506.html

§3-507. Violation as unfair trade practice

Any violation of this Part shall constitute a violation of Title 5, chapter 10, Unfair Trade Practices Act. [1973, c. 762, § 1 (new).]

update>> http://janus.state.me.us/legis/statutes/9-A/title9-Asec3-507.html

Licensing of Adjusters

§1410. Prelicensing requirements

1. Written examination. Unless exempt, prior to filing an application for a license with the superintendent, an individual applying for a resident insurance producer, adjuster or consultant license must pass a written examination. The examination must test the knowledge of the individual concerning the kinds of insurance for which the application is made, the duties and responsibilities of an insurance producer, adjuster or consultant and the insurance laws and rules of this State. [2001, c. 259, §11 (new).]

2. Examination content. The examination may be administered as a 2-part examination. If a 2-part examination is administered, one part of the examination must test the applicant's knowledge as to the kinds of insurance for which the application is made and the other part must test the individual's knowledge of the duties and responsibilities of an insurance producer, adjuster or consultant and the insurance laws and rules of this State. The producer examination must be administered in accordance with subchapter II-A, the consultant examination in accordance with subchapters III and V and the adjuster examination in accordance with subchapters III and VI. [2001, c. 259, §11 (new).]

3. Outside testing service. The superintendent may make arrangements, including contracting with an outside testing service, for administering examinations. The applicant shall pay any fees for the services of any independent testing service designated by the superintendent. An individual who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination. [2001, c. 259, §11 (new).]

4. Education requirements. An applicant for examination for a resident producer license with any of the major lines of authority pursuant to section 1420-F, subsection 1, paragraphs A to F must have completed the education requirements prescribed by either paragraph A or B within 2 years prior to the date the application for license is filed with the superintendent.

A. The applicant must have completed successfully such courses of instruction in insurance as the superintendent may reasonably require and approve. These courses may be either in attendance at or under the supervision and direction of or by correspondence with an educational institution or insurer, as approved by the superintendent. [2001, c. 259, §11 (new).]

B. The applicant must have had not less than 6 months of responsible duties and experience as a substantially full-time employee of an insurance producer or insurer. [2001, c. 259, §11 (new).]

[2001, c. 259, §11 (new).]

5. Experience required. An applicant for examination for a consultant license must have had not less than 5 years of actual experience with respect to the kinds of insurance and contracts to be covered by the license. [2001, c. 259, §11 (new).]

6. Examination results. Within 30 days after an individual completes the examination, the superintendent or any independent testing service designated by the superintendent shall inform the individual whether or not the individual has passed. An individual who fails the examination must remit the required fees before being rescheduled for another examination. An individual who fails one part of a 2-part examination must pay the full examination fee but need only be examined on the part of the examination that the individual failed. An individual who does not apply for a license within 2 years after passing one part or all of an examination must register and pay the fee for a subsequent examination. [2001, c. 259, §11 (new).]

7. Separate examination for each category. An applicant for more than one kind of license or for more than one authority under a license must be separately examined for each category of license or authority and shall pay a separate examination fee for each examination. Nothing in this section prohibits the giving of all required examinations to a particular applicant on the same day. [2001, c. 259, §11 (new).]

8. Variable contract license. An applicant for a variable contract license, in addition to passing an examination required for a resident producer's license with life authority in accordance with subchapter II-A, must have successfully completed the minimum requirements of a national association of securities dealers for the sale of variable contracts. [2001, c. 259, §11 (new).]

update>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec1410.html

§1411. License required

1. Producer. A person may not act as or purport to be an insurance producer or limited insurance producer or engage in producer activities with respect to insurance risks resident, located or to be performed in this State or elsewhere for any kind or kinds of insurance unless licensed for such a kind or kinds in accordance with subchapter II-A. [2001, c. 259, §12 (amd).]

2. Consultant; adjuster. A person may not act as or purport to be a consultant with respect to insurance risks resident, located or to be performed in this State or elsewhere unless licensed as a consultant under this chapter. A person may not act as or purport to be an adjuster unless licensed as an adjuster under this chapter, except as provided in section 1475. [1997, c. 457, §23 (new); §55 (aff).]

3. Insurance business. A person may not for a fee or commission engage in the business of offering any advice, counsel, opinion or similar service with respect to the benefits, advantages or disadvantages under any policy of insurance that is issued in this State unless that person is:

A. Engaged or employed as an attorney licensed in this State to practice law; [1997, c. 457, §23 (new); §55 (aff).]

B. A licensed insurance producer offering advice concerning a kind of insurance for which the insurance producer is licensed to transact business and does not receive a separate fee for rendering such advice other than commissions or fees for the sale of an insurance or annuity policy, except that this paragraph does not apply to a licensed insurance producer who is also authorized to act as or on behalf of an investment advisor pursuant to section 1402, subsection 4, paragraph D, subparagraph (6); [1999, c. 225, §3 (amd).]

C. An actuary or a certified public accountant engaged or employed in a consulting capacity, performing duties incidental to that position; [1997, c. 457, §23 (new); §55 (aff).]

D. A licensed adjuster acting within the scope of the license; or [1997, c. 457, §23 (new); §55 (aff).]

E. A licensed insurance consultant acting within the scope of the license. [1997, c. 457, §23 (new); §55 (aff).]

[1999, c. 225, §3 (amd).]

4. Liability. A licensee is personally liable under any insurance contract made by or through the licensee that is outside the scope of the license authority. An insurance contract issued on an application solicited, received or forwarded by an unlicensed person and otherwise valid is not thereby rendered invalid.

update>> http://janus.state.me.us/legis/statutes/24-A/title24-Asec1411.html

Diminished Value

We have not found a law yet.

State Departments of Insurance

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