Maine Code § 24-A-414

Issuance, refusal of authority, ownership of certificate
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1. If upon completion of its application, the superintendent finds that the insurer has met the
requirements therefor under this Title, and that the insurer has furnished evidence satisfactory to the
superintendent that its methods of operation are not such as would render its proposed operation
hazardous to the public or its policyholders in this State, the superintendent shall issue to the insurer a
proper certificate of authority; otherwise, the superintendent shall issue an order refusing such
certificate.
[RR 2021, c. 1, Pt. B, §179 (COR).]
2. The certificate of authority, if issued, shall state the insurer's name, home office address, state
or country of organization, and the kinds of insurance the insurer is authorized to transact throughout
this State. At the insurer's request, the superintendent may issue a certificate of authority limited to
particular types of insurance or coverages within a kind of insurance as defined in chapter 9.
[PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
3. Although issued and delivered to the insurer, the certificate of authority at all times shall be the
property of the State of Maine. Upon any expiration, suspension or termination thereof, the insurer shall
promptly deliver the certificate to the superintendent.
[PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
4. Insurers required to file an annual statement must, as a condition to the issuance or continuance
of a certificate of authority, provide the National Association of Insurance Commissioners with all
information required for participation in the Insurance Regulatory Information System. This filing
must contain the insurer's current annual statement convention blank and, if requested by the
superintendent or the National Association of Insurance Commissioners, publicly available financial
reports of any affiliated insurers or other entities necessary for analyzing any insurer licensed in this
State. Each statement furnished by an insurer must be executed by those persons who are required by
section 423 to verify an annual statement utilizing the prescribed jurat following the practices and
procedures prescribed by the National Association of Insurance Commissioners. Any amendments and
addendums to the annual statement subsequently filed with the superintendent must also be filed with
the National Association of Insurance Commissioners. Insurers shall provide written certification to
the superintendent that they have complied with this subsection when they file their annual statements.
This subsection does not apply to any insurer doing business under chapter 51.
In the absence of bad faith, fraud or intentional act, an officer or an employee of the National
Association of Insurance Commissioners may not be subject to civil liability for libel, slander or any
other cause of action in tort as a result of processing data or other information filed by insurers under
this subsection or distribution of reports prepared on the basis of that information to insurance
regulatory officials of any state that has subscribed to and used the Insurance Regulatory Information
System through the National Association of Insurance Commissioners. Information provided to the
superintendent that is held confidential by the National Association of Insurance Commissioners must
be held confidential by the superintendent unless that information is relevant to any hearing conducted
by the superintendent pursuant to section 229 or an order requiring disclosure is issued by the Superior
Court.
[PL 2025, c. 348, §7 (AMD).]
5. The superintendent may require insurers subject to this section to make available any
accountant's work papers created during an audit.
A. The superintendent may review the accountant's work papers upon timely notice to the insurer.
The superintendent may photocopy or otherwise record the contents of work papers during the
review. [PL 1989, c. 846, Pt. C, §3 (NEW); PL 1989, c. 846, Pt. E, §4 (AFF).]
B. Any work papers or copies of work papers under the superintendent's custody or control are
confidential and are not subject to public inspection. [PL 1989, c. 846, Pt. C, §3 (NEW); PL
1989, c. 846, Pt. E, §4 (AFF).]

C. The work papers of an insurer's subsidiaries, parent or other corporate affiliates are deemed to
be the insurer's work papers to the extent that the work papers reference transactions between the
insurer and the subsidiary, parent or corporate affiliate and affect the insurer's final equity
determination. [PL 1989, c. 846, Pt. C, §3 (NEW); PL 1989, c. 846, Pt. E, §4 (AFF).]
D. The insurer shall, as a condition of the accountant's engagement, require accountants:
(1) To retain any work papers prepared in connection with an audit of the insurer for at least 6
years after the close of a reporting period; and
(2) To provide the work papers, or a copy, to the insurer at the insurer's request. [PL 1989, c.
846, Pt. C, §3 (NEW); PL 1989, c. 846, Pt. E, §4 (AFF).]
E. For purposes of this subsection, the term "work papers" includes, but is not limited to, schedules,
analyses, reconciliations, abstracts, memoranda, narratives, flow charts, copies of company records
or other documents prepared or obtained by the accountant and the accountant's employees in
conducting the examination of the insurer. [PL 1989, c. 846, Pt. C, §3 (NEW); PL 1989, c.
846, Pt. E, §4 (AFF).]
[PL 1989, c. 846, Pt. C, §3 (NEW); PL 1989, c. 846, Pt. E, §4 (AFF).]

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