Maine Code § 24-A-3049-A

Transfer on death deed; provision and cancellation of property insurance
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Designated beneficiary" has the same meaning as in Title 18-C, section 6-402, subsection 2.
[PL 2021, c. 497, §1 (NEW).]
B. "Insurable interest" has the same meaning as in section 2406, subsection 2. [PL 2021, c. 497,
§1 (NEW).]
C. "Policy" means an insurance contract subject to this subchapter. [PL 2021, c. 497, §1 (NEW).]
D. "Transfer on death deed" has the same meaning as in Title 18-C, section 6-402, subsection 6.
[PL 2021, c. 497, §1 (NEW).]
E. "Transferor" has the same meaning as in Title 18-C, section 6-402, subsection 7. [PL 2021, c.
497, §1 (NEW).]
[PL 2021, c. 497, §1 (NEW).]
2. Policy to include designated beneficiary. Notwithstanding any provision of law to the
contrary, when an insured property passes to a designated beneficiary under a transfer on death deed,
any policy covering the insured property must extend to the designated beneficiary, except as provided
in this section.
[PL 2021, c. 497, §1 (NEW).]
3. Cancellation. Upon receiving a notice of death affidavit under Title 18-C, section 6-414, the
insurer may cancel a policy extended pursuant to this section as if the policy had been in effect for less
than 90 days, as provided in section 3049. If the insurer does not receive a notice of death affidavit
within 30 days after the transferor's death, the policy is deemed to have been cancelled as of the
transferor's death without any further action by the insurer.
[PL 2021, c. 497, §1 (NEW).]
4. Coverage extended. The coverage extension under this section applies only with respect to the
premises and property of the transferor.
[PL 2021, c. 497, §1 (NEW).]
5. Proof demanded; policy conditions. Before making any claim payments to a party claiming
rights under this section as a designated beneficiary, the insurer may ask for proof that the party is a
designated beneficiary under a properly recorded transfer on death deed and that the party has filed a
notice of death affidavit under Title 18-C, section 6-414. The designated beneficiary shall comply with
the conditions of the policy.
[PL 2021, c. 497, §1 (NEW).]
6. Insurable interest; multiple beneficiaries. A designated beneficiary is not entitled to recover
under a policy extended as provided in this section in an amount that would exceed the designated
beneficiary's insurable interest at the time of loss or damage. If the transfer on death deed has designated
multiple beneficiaries, nothing in this section requires the insurer to pay an amount for loss or damage
to the premises and property that exceeds the amount that would be owed to the transferor if the
transferor were living at the time of loss or damage.
[PL 2021, c. 497, §1 (NEW).]

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