Maine Revised Statutes Title 24-A Sec. 2436-B – Declaratory judgment actions involving insurance policies
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1. Definition. For purposes of this section, “insured” means a natural person and does not include a corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.
[PL 2001, c. 126, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 2436-B
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
2. Costs and attorney’s fees. In an action pursuant to Title 14, chapter 707 to determine an insurer’s contractual duty to defend an insured under an insurance policy, if the insured prevails in such action, the insurer shall pay court costs and reasonable attorney’s fees.
[PL 2001, c. 126, §1 (NEW).]
3. Application. This section does not apply to workers’ compensation, disability, life, health, accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance.
[PL 2001, c. 126, §1 (NEW).]
4. Construction. This section may not be construed to permit any assignment of rights by an insured to any other person or to create or extend any right or cause of action for a 3rd-party claimant under an insurance policy.
[PL 2001, c. 126, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 126, §1 (NEW).