A carrier, producer or producer agency may not base an adverse underwriting decision in whole or in part: [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
1. Previous adverse underwriting decisions. On the fact of a previous adverse underwriting decision or on the fact that a consumer previously obtained insurance coverage through a residual market, a surplus lines insurer or a carrier that specializes in substandard risks. However, a carrier or producer may base an adverse underwriting decision on further information obtained from a carrier, producer or producer agency responsible for a previous adverse underwriting decision; or

[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

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Terms Used In Maine Revised Statutes Title 24-A Sec. 2214

  • Adverse underwriting decision: means any of the following actions with respect to consumer insurance transactions involving insurance coverage that is individually underwritten:
A. See Maine Revised Statutes Title 24-A Sec. 2204
  • consumer: means any individual who resides or obtains insurance in this State and:
  • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Insurance support organization: means any person, other than a regulated insurance entity, health care provider or governmental agency, who regularly engages, in whole or in part, in the practice of assembling or collecting information for the primary purpose of providing the information to carriers, producers or agencies for insurance transactions, including:
  • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Personal information: includes but is not limited to an individual's name and address and health care information. See Maine Revised Statutes Title 24-A Sec. 2204
  • Residual market: means any special-purpose insurer, association, organization or other entity that provides insurance coverage to persons who are unable to obtain it in the voluntary market. See Maine Revised Statutes Title 24-A Sec. 2204
  • 2. Information from insurance support organizations. On personal information received from an insurance support organization whose primary source of information is insurance carriers. However, a carrier or producer may base an adverse underwriting decision on further personal information obtained as a result of information received from the insurance support organization, including primary source information confirming the information received from the insurance support organization.

    [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]

    SECTION HISTORY

    PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF).