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Issue

Bill #

Bill Description

Asbestos

SB 20

Makes all persons engaging in asbestos abatement, except those related to disposal undertaken at licensed disposal sites, subject to licensing and certification requirements. LAW. Effective 90 days after adjournment. Chapter 52, Laws of 2005.

Fraud

HB 1099

Requires the superintendent of insurance to study the feasibility of establishing a fraud unit within the insurance bureau. LAW. Effective 90 days after adjournment. Chapter 47, Laws of 2005.

Miscellaneous New Insurance Provisions

(Cancellation and Nonrenewal)

SB 167

Requires that the transfer of a policy from an insurer to an affiliate be considered a policy renewal, so that prior to the date of renewal of a policy that has been transferred by an insurer to an affiliate, the insured must receive notice of any changes to the terms of the policy that are less favorable to the insured. LAW. Effective 90 days after adjournment. Chapter 114, Laws of 2005.

(Cancellation and Nonrenewal)

HB 467

Allows for a 15-day reconciliation period for the Secretary of State to reconcile the cancellation, terminiation or lapse of automobile insurance for reinstatement of coverage or new coverage. It requires the Secretary of State, upon termination of the 15-day reconciliation period and a lack of evidence of insurance, to suspend within 20 days an uninsured motor vehicle owner's registration certificate and license plates. Finally, this law permits an insurance company or insured to submit evidence of insurance by any of the following means: (1) electronic transmittal; (2) the internet; (3) facsimile; (4) mail; or (5) proof of insurance. LAW. Effective 9/17/05 except subsection 7, which is effective 1/1/07. Chapter 428, Laws of 2005.

(Discontinuance of Lines)

HB 177

Allows the superintendent to authorize insurers to nonrenew a line of business if the insurer demonstrates that competition in that line exists. LAW. Effective 6/29/05. Chapter 49, Laws of 2005.

(Producer Continuation Fees)

HB 278

Enhances uniformity of producer licensing by eliminating the biennial continuation fee for producers with independent producer authority and the limited annuities contracts license. And, authorizes the insurance commissioner to establish the number of continuing education credit hours required of resident producer and consultant licensees under the state insurance code, rather than continue to specify the number of hours by law. LAW. Effective 6/29/05. Chapter 43, Laws of 2005.

Motor Vehicle Insurance

(Cancellation Notification Requirements)

SB 154

Establishes an exemption for insurers of vehicle fleets of three or more vehicles with commercial auto coverage from the requirement to notify the Secretary of State when coverage is cancelled, terminated or lapsed. LAW. Effective 90 days after adjournment. Chapter 95, Laws of 2005.

(Repair Shops)

HB 235

Prohibits auto insurers from steering claimants to particular repair shops, auto glass shops or garages and prohibits insurers from denying claims due to claimant refusal to have damages repaired at such facility. LAW. Effective 90 days after adjournment. Chapter 101, Laws of 2005.

(UI/UIM)

HB 98

Establishes that the insurance bureau shall study the legal and policy issues regarding uninsured and underinsured vehicle coverage under motor vehicle insurance policies. LAW. Effective 90 days after adjournment. Chapter 100, Laws of 2005.

Privacy

HB 676

Amends the Insurance Information and Privacy Protection Act to clarify that it does not apply to insurance carriers or 3rd party administrators that administer self-funded group health plans which are subject to the federal privacy rules adopted pursuant to the federal Health Insurance Portability and Accountability Act of 1996. LAW. Effective 6/29/05. Chapter 127, Laws of 2005.

Security Breach Notification

HB 1180

Requires businesses to disclose unauthorized acquisitions of electronic data containing personal information to the person to whom the information pertains. LAW. Effective 90 days after adjournment. Chapter 379, Laws of 2005.

Security (Credit) Freeze

SB 190

Permits consumers to place a security freeze on their consumer reports. Prohibits consumer reporting agencies from disclosing information about a consumer unless the consumer has authorized such disclosure by permanent or temporary lifting of the security freeze. LAW. Effective 2/1/06. Chapter 243, Laws of 2005.

Tort Reform

(Discretionary Function Immunity)

HB 655

Amends the Maine Tort Claims Act by providing that discretionary function immunity does not apply to the negligent operation of a motor vehicle that is directly involved in a collision. LAW. Effective 6/29/05. Chapter 448, Laws of 2005.

(Juror Selection and Confidentiality)

SB 63

Outlines procedures for maintaining juror confidentiality. LAW. Effective 90 days after adjournment. Chapter 285, Laws of 2005.

(Limitation of Liability on Ambulance Services)

HB 287

Provides a limitation on tort liability of ambulance services and prohibits anyone from requiring an ambulance service to maintain liability insurance coverage in excess of that limit. LAW. Effective 9/17/05. Chapter 398, Laws of 2005.

(Medical Malpractice)

SB 476

Establishes limitations on medical malpractice liability by preventing the admissibility of expressions of sympathy or apology by health care providers to patients. LAW. Effective 90 days after adjournment. Chapter 376, Laws of 2005.

Workers' Compensation

(Review Board)

HB 245

Extends the time within which a hearing officer may request review of a decision by the full workers' compensation board to 25 days. LAW. Effective 6/29/05. Chapter 25, Laws of 2005.