LD 1801
pg. 1
LD 1801 Title Page An Act To Amend the Maine Insurance Guaranty Association Act Page 2 of 3
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LR 2693
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 24-A MRSA §4438, sub-§1, śC, as amended by PL 1995, c. 289,
§15, is further amended to read:

 
C. Allocate claims paid and expenses incurred among the 3
accounts separately; and assess member insurers separately
for each account in amounts necessary to pay:

 
(1) The obligations of the association under paragraph
A, subsequent to an insolvency, the obligations of the
accounts for shortfalls under section 4440-A, and for
preinsolvency assessments, if required by section 4440,
subsection 3, paragraph B, and the obligations of the
association under paragraph A-1;

 
(2) The expenses of handling covered claims subsequent
to an insolvency;

 
(3) The cost of examinations under section 4445 and
audits under section 4453; and

 
(4) Other expenses authorized by this subchapter;

 
Sec. 2. 24-A MRSA §4448, as amended by PL 1973, c. 585, §12, is
further amended to read:

 
§4448. Immunity

 
There shall be is no liability on the part of and no cause of
action of any nature shall may arise against any member insurer,
the association or its agents or employees, the board of
directors, or the superintendent or his the superintendent's
representatives for any action taken or any failure to act by
them in the performance of their powers and duties under this
subchapter. This section provides no immunity for disclosing or
furnishing false information with malice or willful intent to
injure any person.

 
Sec. 3. 24-A MRSA §4453 is enacted to read:

 
§4453.__Audits of association

 
The association is subject to audit by the Workers'
Compensation Board, created by Title 39-A, section 151 and
referred to in this section as "the board," as provided in this
section.

 
1.__Audit by board.__The board may audit a claim arising under
a workers' compensation policy that covers an individual in the
State to determine whether the association:


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