Maine Code § 24-A-4405

-- seizure under the superintendent's order
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1. If it appears to the superintendent that the interests of policyholders, creditors or the public will
be jeopardized by delay incident to requesting a court seizure order, then on any ground that would
justify a court seizure order under section 4404, and without notice and without applying to the court,
the superintendent may issue a seizure order that must contain a statement verified by the
superintendent of the grounds of the superintendent's action. As directed by the seizure order, the
superintendent's representatives shall forthwith take possession and control of all or part of the property,
books, accounts and records of the insurer, and of the premises occupied by the insurer for transaction
of its business. The superintendent shall retain possession and control until the order is vacated or is
replaced by an order of court pursuant to subsection 2 or pursuant to a formal proceeding under this
chapter.
[RR 2021, c. 1, Pt. B, §384 (COR).]
2. At any time after seizure under subsection 1 the insurer may apply to the Superior Court for
Kennebec County or for the county in this State in which the insurer's principal office is located. The
court shall thereupon order the superintendent to appear forthwith and shall thereafter proceed as if the
order were a court seizure order issued under section 4404.
[PL 1969, c. 132, §1 (NEW); PL 1973, c. 585, §12 (AMD).]
3. Every law enforcement officer of this State shall assist the superintendent in making and
enforcing any such seizure, and every sheriff's and police department shall furnish the superintendent
with such deputies or other law enforcement officers as are necessary for the purpose.
[PL 2021, c. 676, Pt. A, §40 (AMD).]
4. Entry of a seizure order under this section does not constitute an anticipatory breach of any
contract of the insurer.
[PL 1969, c. 132, §1 (NEW).]

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