D. The maximum amount recoverable under this section shall be is the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer on a fair and equitable basis; and

E. If any person liable under paragraph C is insolvent, all its affiliates that controlled it at the time the dividend distribution was paid shall be are jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

§4617. 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 or its agents or employees, the association or its agents or employees, members of the board of directors or any member of the board or the superintendent or his the superintendent's representatives, for any action taken act or omission by them in the performance of their powers and duties under this chapter. Immunity extends to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.

Sec. 13. 24-A MRSA §4619, as enacted by PL 1989, c. 751, §13, is repealed.

Sec. 14. 24-A MRSA §§4620 and 4621 are enacted to read:

§4620. Prohibited advertisement of association in insurance sales

A person, including an insurer or an agent or affiliate of an insurer, may not make, publish, disseminate, circulate or place before the public or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in any newspaper, magazine or publication or in the form of a notice, circular, pamphlet, letter or poster or over any radio station or television station or in any other way any advertisement, announcement or statement, written or oral, that uses the existence of the association for the purpose of sales, solicitation or inducement to purchases of any form of insurance covered by this chapter.__This section does not apply to the Maine Life and Health Insurance Guaranty Association or any other entity that does not sell or solicit insurance.

§4621. Credits for assessments paid; tax offsets