Maine · Insurance Adjuster Sample Interactive Mind Map
Maine Adjuster Regulations
A visual breakdown of the Maine rules an adjuster is tested on — including the claim that never becomes overdue, the jury that reduces damages by dollars rather than percentage, and the fee schedule that prices a license which does not exist.
Maine is the easiest adjuster license in the Northeast to obtain and one of the hardest bodies of claims law to get right. There is no prelicensing course — the requirement was repealed, not omitted. There are no fingerprints; the word appears nowhere in the licensing chapter. There is no continuing education. The whole license costs forty-five dollars. And then you arrive at the law.
Maine has two unfair claims statutes whose captions differ by one word and whose regimes are opposites. § 2436-A grants a private right of action with no general-business-practice element at all — a single act is enough — and shifts attorney’s fees. § 2164-D forecloses private suits entirely, and yet it is the one that names adjusters personally in its definition of “insurer.” The rule that falls out of the pair is worth carrying into every Maine file: regulatory exposure yes, private civil exposure no.
Then the claim clocks, which start later and stop harder than most people expect. § 2436 runs 30 days from proof of loss and ascertainment — not from notice of loss — and overdue claims bear 1.5% monthly interest automatically, with no demand required. But under Marquis, a written request for information that the insured never answers means the claim never becomes overdue at all. The same case refused to recognize a bad-faith tort while holding that the duty of good faith exists in every insurance contract — and reinstated a $680,000 verdict built entirely on investigation failures.
This map walks the one license with three authorities and why Maine needs no public adjuster license; the passing score of 70 that is scaled, not raw; the four renewal dates, one of them in an odd year; the automobile rules, where minimums are 50/100/25 with $2,000 of mandatory medical payments, the UIM offset is payments actually made rather than the tortfeasor’s limits, and a jury reduces damages “by dollars and cents, and not by percentage” with joint and several liability retained in full; and the standard fire policy, printed in the statute itself, whose suit clause says two years. Ten scenario questions at the end — including the $50 fee line that prices a license Maine repealed twenty-nine years ago.
Maine issues ONE adjuster license and writes three authorities on it.
There is no public adjuster license — because two words in the definition already reach both sides of the transaction. Seven categories sit outside the definition rather than being exempted from it. And the catastrophe provision is a flat exemption with no declaration, no filing and no fee.
There is no public adjuster license — because two words in the definition already reach both sides of the transaction. Seven categories sit outside the definition rather than being exempted from it. And the catastrophe provision is a flat exemption with no declaration, no filing and no fee.
| Authority under § 1415(3) | Examination | What it reaches |
|---|---|---|
| Property and casualty insurance adjuster | 50 scored + 5 pretest | Claims “of any kind except for multiple peril crop insurance claims and workers’ compensation claims” — § 1402(11-A). The residual authority, defined by subtraction. |
| Multiple peril crop insurance adjuster | OR federal crop certification | § 1472 and § 1410(9) let maintained federal crop insurance certification substitute for the exam outright. |
| Workers’ compensation insurance adjuster | Count not published | Claims arising under the workers’ compensation laws. You may already hold it — see the grandfather clause below. |
§ 1402(11-B) — the grandfather clause that is still doing work today“Notwithstanding any provision of law to the contrary, a person who on January 1, 2018 is licensed as a property and casualty insurance adjuster is automatically granted workers’ compensation authority on that date.” If you were licensed in Maine before 2018 you hold comp authority whether you asked for it or not, and without ever having sat a comp exam. Why 2018? Because PL 2017, c. 152 is what took insurer-employed workers’ compensation adjusters out of the § 1402(1)(B) definition. Before that act they were inside it. The grandfather clause is the tidy-up.
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There is no public adjuster license — and the reason is two words
§ 1402(1) defines an adjuster as one who, “for fee, commission or other compensation, investigates for, settles on behalf of and reports to an insurer, fraternal benefit society, workers’ compensation self-insurer or insured…” — “or insured.” One definition reaches both sides of the transaction, so an adjuster working for the carrier and one working for the policyholder hold the same license. The Bureau states it in terms: “Maine does not differentiate between Independent and Public Adjusters.” The negative is proved structurally: subchapter 6 contains exactly §§ 1471, 1472, 1473, 1474, 1475, 1476 and 1477 — seven sections, none captioned for public adjusting. That is an enumeration, not a search.
⚠ What § 1476 DOES regulate
An adjuster seeking to adjust “for a fee to be paid by the insured” may not offer a contract for at least 36 HOURS after the accident or occurrence
Any such contract must state, “prominently printed on the first page,” the right to rescind within 2 BUSINESS DAYS
The 36 hours run from the OCCURRENCE — not from your first contact, not from the insured’s call to you. Present a contract at hour 30 and you have violated the section even if the insured initiated everything
✅ What § 1476 does NOT impose
No bond. The chapter’s only bond section is § 1464, the consultant’s bond
No fee cap. No percentage ceiling on what you may charge an insured
No requirement that there be a written contract at all — only a content requirement if one is used. No prescribed form, no conflict statement
States that license public adjusters separately usually impose all four. Maine legislates one — and applies it to every adjuster who takes a fee from an insured
| § 1402(1) | Outside the definition — never captured, so there is no exemption to lose |
|---|---|
| (A) | Attorneys admitted to practice in Maine |
| (B) | P&C or workers’ compensation adjusters who are employees of insurers. The workers’ comp limb arrived only in PL 2017, c. 152, §1 |
| (C) | Licensed producers authorized by contract to settle and pay claims up to $10,000 — or $20,000 temporarily during a § 1475 catastrophe |
| (D) | Persons excepted under 5 M.R.S. § 1727-A, and those adjusting solely for the State, counties, cities and towns |
| (E) | Persons adjusting only life and health claims |
| (F) | Adjuster trainees — see the warning below |
| (G) | Portable electronic device claim data-entry staff — “no more than 25 individuals under the supervision of one licensed adjuster or insurance producer” |
“Exempt” is the wrong word, and the difference is not pedanticThese seven categories were never captured by § 1402(1). There is no exemption to lose, none to argue about at the margins, and none that can be waived or forfeited. The correct question on any file is not “does an exemption apply?” but “is this person inside § 1402(1) at all?” — and the answer turns on who employs them and what they are adjusting, never on seniority, claim size or line of business. The moment a salaried staff adjuster begins adjusting as a contractor for more than one carrier, paragraph (B) stops describing them and they need the license.
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The trainee exclusion has a hidden qualification — and it is on the SUPERVISOR
§ 1402(2) defines an adjuster trainee as an individual with “less than one year total experience handling loss claims … employed by and subject to the immediate personal supervision of an adjuster who is licensed in this State and who has been established in the business of adjusting for 3 years or more.” Read that second condition again. A licensed adjuster with two years in the business cannot lawfully carry a trainee, however capable. Agencies get this wrong by assigning a new hire to whoever has capacity rather than to whoever qualifies — and if the supervisor fails the three-year test, the exclusion evaporates and what is left is an unlicensed person adjusting claims.
§ 1475 catastrophe — a flat exemption, and an interlock nobody notices“An adjuster license is not required for an adjuster sent into this State on behalf of an authorized insurer or fraternal benefit society for the investigation or adjustment of a particularly unusual or extraordinary loss or of a series of losses resulting from a catastrophe common to all such losses.” A purely factual test. No gubernatorial declaration, no Bureau determination, no notice, registration, permit, fee or filing of any kind, and no stated time limit. ⚠ The gate is the word “AUTHORIZED.” An adjuster deployed for a surplus lines or non-admitted carrier is outside § 1475 however genuine the catastrophe — and that is invisible unless you read the sentence to its end. The interlock: § 1402(1)(C) simultaneously doubles a producer’s settlement authority from $10,000 to $20,000 “temporarily under the same circumstance described in section 1475.” One triggering event, two different populations, and the second effect is buried in a definitional paragraph hundreds of sections away.
Maine is the cheapest and fastest adjuster license in the Northeast — and the one with the most unpublished numbers.
§ 1472 is three lines long. Everything a national checklist tells you to do beforehand, Maine does not require. And three figures candidates expect to find are published nowhere.
§ 1472 is three lines long. Everything a national checklist tells you to do beforehand, Maine does not require. And three figures candidates expect to find are published nowhere.
✅ What Maine does NOT require
No prelicensing — § 1410(4), “Education requirements,” was REPEALED by PL 2007, c. 51, §1. An affirmative deletion, not an omission. (§ 1410(5)’s five-year experience rule reaches consultants only — the most common misreading of § 1410.)
No fingerprints and no criminal history record check — the words appear nowhere in chapter 16, for adjusters or producers.
No continuing education — § 1481-A(1).
No residency, no office, no bond. § 1446 “Place of business” was REPEALED with no replacement.
§ 1472 in full: at least 18; “competent, trustworthy, financially responsible, and of good personal and business reputation”; pass the exam. That is the whole section.
No fingerprints and no criminal history record check — the words appear nowhere in chapter 16, for adjusters or producers.
No continuing education — § 1481-A(1).
No residency, no office, no bond. § 1446 “Place of business” was REPEALED with no replacement.
§ 1472 in full: at least 18; “competent, trustworthy, financially responsible, and of good personal and business reputation”; pass the exam. That is the whole section.
🚫 What Maine does NOT publish
The exam fee. Pearson’s Maine handbook (#122000) carries an “Exam Fees” heading with no amount beneath it. Pearson’s Maine page prices only the $19.95 practice test. The Bureau’s exam page gives no fee. And § 601(9), captioned “Examination,” was REPEALED by PL 1993, c. 221. Three layers checked, no figure on any.
The time limit. The handbook says only that it varies. Every “minutes” reference in it is logistical.
The question counts for the WC and crop exams. Only the P&C outline’s 50 + 5 was confirmable.
Any figure you see for these on a licensing-school page is unsourced.
The time limit. The handbook says only that it varies. Every “minutes” reference in it is logistical.
The question counts for the WC and crop exams. Only the P&C outline’s 50 + 5 was confirmable.
Any figure you see for these on a licensing-school page is unsourced.
| Fee — and the statute and the agency AGREE, which is unusual | Resident | Nonresident |
|---|---|---|
| § 601(9-A) — application filing fee | $15 | $15 |
| § 601(8) — adjuster license fee (issuance and biennial) | $30 | $60 |
| Bureau’s published total — and it reconciles EXACTLY | $45 | $75 |
| Business entity (agency) — issuance and biennial | $30 / $30 | $60 / $60 |
| Examination | NOT PUBLISHED | NOT PUBLISHED |
| Prelicensing course · fingerprints · continuing education | $0 — none exist | $0 — none exist |
The cross-check is cheap, and it usually fails — Maine is the control case$15 + $30 = $45 resident. $15 + $60 = $75 nonresident. Exact, both ways. In most states the statutory fee schedule, the agency’s published figure and the vendor’s charge are three different numbers, and the one you actually pay is the vendor’s. Maine is the state where they reconcile to the dollar — which is precisely why the check is worth running everywhere. Note also that § 601’s history ends at PL 2025, c. 348, §§8-10, which amended only § 601(16), the self-insurance authorization fee. Adjuster fees were untouched in 2025.
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The passing score is 70 — and it is SCALED, not 70% of the questions
Pearson VUE’s Maine handbook, verbatim: “Raw scores are converted into scaled scores that can range from zero to 100.” And, removing any doubt: “With a passing score of 70, any score below 70 indicates how close the candidate came to passing, rather than the actual number or percentage of questions the candidates answered correctly.” A candidate does NOT need 70% of the questions correct, and on a 50-question exam a scaled 70 emphatically does not mean 35 right. The conversion is the vendor’s, it accounts for form difficulty, and neither Maine nor Pearson publishes the mapping. On preparation nothing changes — aim well above the line. On reading a FAILING report everything changes: a 64 does not mean you missed 36% of the questions, so candidates who treat it as a count conclude they need “six more questions” and study the wrong amount. Never carry a passing score across a state line — the number is never the answer, the sentence next to the number is.
No continuing education — and the proof is a SCOPE clause, not a silence§ 1481-A(1), in full: “This subchapter applies to licensed producers and licensed consultants.” Adjusters are not named, and it is a closed enumeration — so §§ 1481, 1481-A, 1482, 1483, 1484 and 1485 do not reach adjusters at all. The Bureau agrees: “Adjusters, both resident and nonresident, are not currently required to complete continuing education credits.” ⚠ The trap: § 1416-A(1) conditions renewal on “education requirements for resident licensees are met.” That reads universal — but it is EMPTY as to adjusters, because § 1481-A supplies no adjuster requirement for it to point at. A researcher reading § 1416-A alone would publish a CE obligation that does not exist. Scope clauses cut both ways: elsewhere they sweep adjusters into rules captioned for agents; here one hollows out a renewal statute that reads universal. Read them in both directions.
| Renewal — four dates, and one of them is in an ODD year | Biennial due date |
|---|---|
| Resident adjuster | October 1 — EVEN years |
| Nonresident adjuster | January 1 — EVEN years |
| Resident business entity | December 1 — EVEN years |
| Nonresident business entity | April 1 — ODD years ← the only odd-year date |
| Resident consultant | On completion of biennial education requirements (§ 1482) |
| Failure to pay → suspension or revocation | 90 days from the due date (§ 1416-A(3)) |
The asymmetry is deliberate — and it will catch out-of-state firmsResident consultants are pinned to their CE cycle, so residents were given an autumn date; nonresidents, who owe Maine no CE, sit on the calendar-year boundary. The nonresident entity date is the outlier. If you run an out-of-state adjusting firm licensed in Maine, your firm’s renewal falls in an ODD year while your own individual nonresident license falls in an EVEN one. Two licenses, two different years, and nothing on either renewal notice tells you about the other. There is also no proration provision — § 1416-A has none and § 601 states flat figures.
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A fee in a fee schedule is not proof the thing exists — the $50 that prices nothing
§ 601(8)(C) prices a “Temporary license” at $50. A researcher reading the fee schedule alone would publish “Maine issues temporary adjuster licenses, $50.” No such license exists. The history on that paragraph is PL 1993, c. 637, §8 — which predates the 1997 recodification (PL 1997, c. 457) that rebuilt the chapter and repealed § 1428, “Temporary license as insurance producer.” The only temporary authority left is § 1420-J, producer-only on its face (“a temporary insurance producer license for a period not to exceed 180 days”), sitting in subchapter 2-A, which § 1420(2) confines to producers. Nothing in subchapter 3 or 6 incorporates it; every other use of “temporary” in the chapter points back to § 1420-J or to fees. The authorizing section was repealed twenty-nine years ago and the fee cap was never cleaned up. Always chase a fee line back to its authorizing section before publishing the thing it prices. What actually fills the need is § 1475’s catastrophe exemption — no license, no fee, no term, no filing.
§ 1419 DOES bind adjusters — and that is the opposite of what most states do§ 1419 sits in subchapter 2, the GENERAL subchapter, and binds “a licensee” — not “a producer.” Reportable: address, telephone, e-mail or name changes; material changes in conditions or qualifications; conviction of any crime other than traffic violations; discipline by another jurisdiction’s insurance regulator; administrative actions elsewhere; and criminal prosecutions in any jurisdiction. Deadlines are all 30 days — 30 after the change, 30 after final disposition of an administrative action, and 30 after the INITIAL PRETRIAL HEARING in a criminal prosecution, which is a trigger that is neither charge nor conviction and which no licensee thinks of as a reporting event. ⚠ Do NOT cite § 1420-P against an adjuster — “Reporting of actions” sits in subchapter 2-A, the Maine Producer Licensing Act, which § 1420(2) confines to producers.
| Discipline — the dollars are in § 12-A, not § 1417 | Individuals | Corporations / entities |
|---|---|---|
| Superior Court — Attorney General action | $500 – $5,000 per violation | $2,000 – $15,000 per violation |
| Superintendent — after adjudicatory hearing | up to $500 per violation | up to $10,000 per violation |
Records, and the adjuster-only ground for discipline§ 1474 — THREE years. Records kept “at the adjuster’s business address shown on the license” (electronic permitted), including “a copy of all investigations or adjustments undertaken or consummated” and “a statement of any fee, commission or other compensation received or to be received,” available “at all times.” § 1417 states no dollar figures; its grounds cross-reference § 1420-K, which despite sitting in the producer subchapter is expressly incorporated for adjusters — § 1417(1) says the § 1420-K causes “for purposes of this section apply to adjusters and consultants as well as producers.” And § 1473 adds an adjuster-only ground: “failure to perform the duties of the adjuster in accordance with the standards in this subchapter.” The Superintendent may not assess penalties where the Attorney General is pursuing the same conduct in court.
Maine has TWO unfair claims statutes. Their captions differ by one word. Their regimes are opposites.
“Unfair claims settlement practices” versus “Unfair claims practices.” One grants a private right of action; the other forecloses it. One needs no general business practice; the other requires one. And only one of them names adjusters.
“Unfair claims settlement practices” versus “Unfair claims practices.” One grants a private right of action; the other forecloses it. One needs no general business practice; the other requires one. And only one of them names adjusters.
| § 2436-A — ch. 27, The Insurance Contract | § 2164-D — ch. 23, Trade Practices | |
|---|---|---|
| Caption | “Unfair claims settlement practices” | “Unfair claims practices” |
| Private right of action | EXPRESSLY GRANTED | EXPRESSLY FORECLOSED |
| Enumerated acts | 5 (A–E) | 12 (A–L), plus subs. 4 and 5 |
| General business practice | NONE — one act suffices | REQUIRED — or conscious disregard |
| Who is bound | “that person’s own insurer” | “insurer” — defined to include ADJUSTERS by name |
| Excludes | Workers’ compensation | Workers’ comp, medical malpractice, fidelity, suretyship, boiler & machinery |
| Remedy | Damages + costs + attorney’s fees + 1.5%/month | Regulatory only — C&D and § 12-A penalties |
The caption will not tell you which statute you are inOne word apart, and they point in opposite directions on the only question a defendant cares about. Neither section cross-references the other, they sit in different chapters, and a search for “unfair claims” returns both without telling you they disagree. If a secondary source discusses “Maine’s unfair claims statute” in the singular, it has already gone wrong.
§ 2436-A — the five acts, and a SINGLE one is actionable
A. Knowingly misrepresenting pertinent facts or policy provisions relating to coverage at issue
B. Failing to acknowledge and review claims “within a reasonable time” after written notice
C. Threatening to appeal an arbitration award in the insured’s favor “for the sole purpose of compelling the insured to accept a settlement less than the arbitration award”
D. Failing to affirm or deny coverage “within a reasonable time” after completing the investigation
E. “Without just cause” failing to effectuate prompt, fair and equitable settlement where liability is reasonably clear
“Without just cause” is DEFINED in subsection 2 — refusing to settle “without a reasonable basis to contest liability, the amount of any damages or the extent of any injuries claimed”
§ 2164-D — the qualifying element is DISJUNCTIVE
An act qualifies if A. it is committed “in conscious disregard of this section and any rules adopted under this section”
OR B. committed “with such frequency as to indicate a general business practice”
Subsection 8 — the bar: “This section may not be construed to create or imply a private cause of action for violation of this section.”
§ 2164-D(3)(K) — the only number in the section: 15 CALENDAR DAYS to furnish claim forms with reasonable explanations on request, with a catastrophe exception “as determined by the superintendent”
§ 2164-D(7) rulemaking is MAJOR SUBSTANTIVE, requiring legislative review — which is why no comprehensive Maine claims-handling regulation exists
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§ 2164-D(1) is the sentence that puts YOU inside chapter 23
“As used in this section, ‘insurer’ means any person, reciprocal exchange, Lloyd’s insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including, but not limited to, producers, adjusters and 3rd-party administrators.” And § 2152 binds “No person shall engage in this State in any trade practice which is defined in this chapter…” So an independent adjuster in Maine IS personally subject to § 2164-D and to the Superintendent’s chapter 23 enforcement. But no private plaintiff can use it against you, because § 2164-D(8) forecloses a private action and § 2436-A reaches only “that person’s own insurer,” which you are not.
🚫 The regulator CAN reach you
§ 2164-D(1) names “producers, adjusters and 3rd-party administrators.” § 2152 binds “no person.” § 2165-A permits cease and desist under § 12-A(2) against “any person in this State,” and § 12-A supplies penalties of up to $500 per violation before the Superintendent and $500–$5,000 in Superior Court. Personal, individual, and real.
✅ The policyholder CANNOT
§ 2164-D(8) bars any private action under that section. § 2436-A allows one — but only against “that person’s own insurer.” And Marquis forecloses the bad-faith tort that would ordinarily be the vehicle. No controlling Maine authority holds an individual adjuster personally liable, and none holds the reverse either — this is reported as an open question, not inferred.
You must plead a SPECIFIC subsection — and the count dates your sourceFrom Marquis: “Not only did the plaintiffs fail to plead a cause of action generally under section 2436-A, the plaintiffs failed to specifically point to which of the … subsections … the failure by the plaintiffs to allege and prove a specific violation precludes recovery under the statute.” ⚠ A provenance detail worth knowing: the 1993 opinion refers to “four subsections.” The current section has FIVE — PL 1997, c. 621 replaced it and added paragraph (E). If a secondary source describes § 2436-A as having four acts, you have just dated it to before 1997. Note too that § 2436-A is a fee-shifting statute, and that is its practical engine: a small claim that would never justify litigation becomes economically viable the moment fees shift.
Enforcement has a warning-shot rule — but only for UNDEFINED practices§ 2165-A: for undefined unfair practices, civil penalties “may not be imposed for practice engaged in prior to the issuance and service of a valid cease and desist order.” You get one warning on conduct the chapter does not specifically enumerate. You get NONE on conduct § 2164-D defines. And emergency cease and desist orders under § 12-A(2-A) are UNAVAILABLE for these violations.
The § 2436 clock does not start on notice of loss — and it can be stopped before it ever starts.
It needs proof of loss AND ascertainment. Interest runs automatically. And under Marquis, a written request for information that goes unanswered means the claim never becomes overdue at all.
It needs proof of loss AND ascertainment. Interest runs automatically. And under Marquis, a written request for information that goes unanswered means the claim never becomes overdue at all.
| Clock | Days | Source |
|---|---|---|
| § 2436 general rule — payable after proof of loss AND ascertainment | 30 calendar | § 2436(1) |
| Standard fire policy | 60 calendar | § 2436(1)(A) → § 3002 |
| Individual life insurance | 2 months | § 2436(1)(B) → § 2513 |
| Long-term care insurance | EXCLUDED ENTIRELY | § 2436(6) |
| Workers’ compensation under § 2436 | NOT excluded — though it IS from §§ 2436-A and 2164-D | § 2436 |
| Furnish claim forms with reasonable explanations, on request | 15 calendar | § 2164-D(3)(K) |
| Disclose the insured’s liability LIMITS to a claimant or claimant’s attorney | 60 — $500 penalty plus fees and expenses | § 2164-E |
| Multi-carrier pay-or-deny, “whether or not another carrier … has acted” | 30 calendar | § 2436(1-A) |
| BEGIN adjustment of a fire loss after receipt of the notice of loss | 20 calendar | § 3041 — no penalty in the text |
| Health utilization review and appeals grid | 72 hrs · 24 hrs exigent · 30 days retrospective · 45 days panel | Rule Ch. 850 — health carriers only |
Calendar days — Maine counts in calendar days throughoutCross-references and scope notes
§ 2164-E runs to a THIRD-PARTY claimant, not to your insuredIt is the rare Maine provision with its own dollar penalty attached. A claimant’s attorney sends a written request for the insured’s liability limits; you have 60 days; non-compliance costs $500 plus reasonable attorney’s fees and expenses. (PL 2009, c. 189, §1.) It is a small number that produces a disproportionate amount of friction, because the request often arrives before a claim file is properly open and lands with whoever opened the mail.
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Marquis, holding one — the claim that NEVER becomes overdue
“A fire insurer has sixty days after receipt of an insured’s proof of loss to either pay the claim, dispute the claim, or request ‘reasonable additional information.’ A request for an examination under oath, and for production of documents, can constitute ‘reasonable additional information’ within the meaning of section 2436.” — citing Chiapetta v. Lumbermens Mut. Ins. Co., 583 A.2d 198, 200 (Me. 1990). And then: “Since Wayne neither submitted to an examination under oath, nor produced the requested documents, the plaintiffs’ claim never became ‘overdue’ under the late payment statute.” Not “the interest was tolled.” Not “the clock paused.” The claim never became overdue. A properly documented written request for an EUO and documents, sent inside the period and left unanswered, leaves the statutory clock permanently unstarted.
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Marquis, holding two — the jury found BAD FAITH and the insured still lost the § 2436 claim
“Since section 2436 is penal in nature, we apply a strict construction analysis. A requirement of good faith is not provided in section 2436, and, in the absence of any express legislative direction indicating such a requirement, we decline to imply such a condition. Accordingly, as Farm Family technically complied with the requirements of section 2436, the court did not err in refusing to award statutory interest and attorney fees.” That is the single most counter-intuitive rule in Maine claims practice, and it cuts both ways. For the adjuster: a timely, detailed, well-documented dispute protects you from § 2436 interest and fees even on a file handled badly on the merits. For the claimant: a strong bad-faith story is worth nothing under § 2436 if the carrier ticked the boxes — the remedy lies in contract and in § 2436-A instead. Procedural compliance and substantive good faith are separately required in Maine, and satisfying one buys you nothing on the other.
Interest is AUTOMATIC. The attorney’s fee is TRIGGERED. Do not merge them.§ 2436(3): an overdue claim “bears interest at the rate of 1 1/2% per month after the due date.” Self-executing. No demand, no notice, nothing for the insured to trigger — and 1.5% per month is 18% a year, accruing silently on a file nobody is looking at. § 2436(4) flips the drafting: a reasonable attorney’s fee is owed “if overdue benefits are recovered in an action against the insurer OR if overdue benefits are paid after receipt of notice of the attorney’s representation.” That second limb is the one to learn: paying promptly on receipt of a representation letter does NOT avoid the fee if the benefits were already overdue. (Whether the interest compounds is not stated in the statute and no Maine authority resolves it — reported as an open question rather than assumed.)
You stop the clock by DISPUTING, not by paying — and the dispute has two quality requirements§ 2436(2): the insurer may dispute by furnishing “a written statement that the claim is disputed with a statement of the grounds upon which it is disputed. The statement must be based upon a reasonable investigation of the claim and must include sufficient detail to permit the insured or beneficiary to understand and respond to the insurer’s position.” Both requirements are litigable, and a one-line denial stops nothing. The alternative route — resetting rather than stopping — requires a written notice sent during the 30 days that “reasonable additional information” is required, after which the claim is not overdue until 30 days following RECEIPT BY THE INSURER of that information.
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§ 3041 promises a penalty it does not deliver — and Maine has no general claims-handling regulation at all
§ 3041 is captioned “Time limit for adjusting, paying fire loss; PENALTY” and supplies none. The section is two subsections long and has not been amended since 1969: the insurer “shall begin adjustment of such loss within 20 days after the receipt of the notice of loss,” and “reference to the date of loss … shall mean the day of the fire.” No fine, forfeiture or sanction anywhere; §§ 3040, 3042 and 3043 do not supply one either. The “;penalty” in the catchline is orphaned drafting.
⚠ And the larger structural finding, established by enumerating all of chapter 23 (§§ 2151–2189) and the Bureau’s full rule index: OUTSIDE THE HEALTH-PLAN CONTEXT, MAINE HAS NO GENERAL “ACKNOWLEDGE WITHIN X / AFFIRM-OR-DENY WITHIN Y” CLAIMS-HANDLING REGULATION. Those duties exist — § 2164-D(3)(B) and (F), § 2436-A(1)(B) and (D) — but as reasonableness standards, not clocks. Compliance in Maine is therefore a judgment call assessed after the fact, on your file. The absence of a clock is not the absence of a duty — it is the absence of a SAFE HARBOR, and the documentation habits that look like overkill elsewhere are the only defense available here.
⚠ And the larger structural finding, established by enumerating all of chapter 23 (§§ 2151–2189) and the Bureau’s full rule index: OUTSIDE THE HEALTH-PLAN CONTEXT, MAINE HAS NO GENERAL “ACKNOWLEDGE WITHIN X / AFFIRM-OR-DENY WITHIN Y” CLAIMS-HANDLING REGULATION. Those duties exist — § 2164-D(3)(B) and (F), § 2436-A(1)(B) and (D) — but as reasonableness standards, not clocks. Compliance in Maine is therefore a judgment call assessed after the fact, on your file. The absence of a clock is not the absence of a duty — it is the absence of a SAFE HARBOR, and the documentation habits that look like overkill elsewhere are the only defense available here.
Maine compels five auto coverages, two of them first-party — and then forbids the jury from reducing damages by percentage.
The UIM offset is payments actually made, not the tortfeasor’s limits. The comparative bar is AT 50%. Joint and several liability is retained in full. And the standard fire policy, printed in the statute, says two years.
The UIM offset is payments actually made, not the tortfeasor’s limits. The comparative bar is AT 50%. Joint and several liability is retained in full. And the standard fire policy, printed in the statute, says two years.
| 29-A § 1605(1)(C) — five compulsory coverages | Minimum |
|---|---|
| Bodily injury, one person | $50,000 |
| Bodily injury, one accident | $100,000 |
| Property damage | $25,000 |
| Medical payments — § 1605-A, MANDATORY | $2,000 · 1-year incurral window |
| Towing and storage — § 1605-B, MANDATORY | $500 |
| UM / UIM — § 2902 | Equal to YOUR OWN liability limits unless rejected in writing |
50/100/25 against the common 25/50/25 — and two first-party coverages most states do not compel at allMaine’s bodily injury floor is double the most common national minimum, and then it adds mandatory med-pay and towing. A national training deck teaching 25/50/25 as the default is wrong here by a factor of two on the limbs that matter most. § 2902 rejection must be “in writing on a form provided by the insurer,” signed and dated and received before the effective date — and on a valid rejection the floor drops to the § 1605(1) minimums, not to zero. Check for the signed rejection form before you assume a low UM limit; its absence is dispositive.
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The mandatory med-pay window is a HARD CUTOFF, and adjusters miss it constantly
§ 1605-A requires “coverage in an amount equal to or greater than $2,000 per person” for the driver and passengers in that vehicle — and then: “The coverage required by this section only applies to medical costs incurred during ONE YEAR following the date the injuries are sustained.” It is not a one-year deadline to submit bills. It is a limit on WHICH COSTS ARE COVERED AT ALL. On a soft-tissue file that drags, the second year of treatment simply is not inside the mandated $2,000, however promptly it is billed. Inapplicable to policies insuring more than 4 vehicles, and to garages, sales agencies, repair shops, service stations and public parking places.
✅ Maine — payments ACTUALLY MADE
§ 2902 subtracts “any payments actually made to that person from any bodily injury liability insurance coverage applicable to the particular owner or operator of the underinsured motor vehicle.”
Worked example. Insured carries $300,000 UIM. Tortfeasor carries $100,000 but settles for $60,000 in a coverage dispute. Damages $250,000.
$300,000 − $60,000 = $240,000 available.
Worked example. Insured carries $300,000 UIM. Tortfeasor carries $100,000 but settles for $60,000 in a coverage dispute. Damages $250,000.
$300,000 − $60,000 = $240,000 available.
🚫 A difference-in-limits state — the wrong arithmetic here
Subtracts the tortfeasor’s LIMITS, not what was paid.
$300,000 − $100,000 = $200,000 available.
Same policy, same settlement, a $40,000 difference — turning entirely on which noun the statute uses. A tortfeasor who settles BELOW limits does not generate a full-limits offset in Maine, and the shortfall does not silently reduce the UIM recovery. The rule favors the insured.
$300,000 − $100,000 = $200,000 available.
Same policy, same settlement, a $40,000 difference — turning entirely on which noun the statute uses. A tortfeasor who settles BELOW limits does not generate a full-limits offset in Maine, and the shortfall does not silently reduce the UIM recovery. The rule favors the insured.
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14 M.R.S. § 156 — “by dollars and cents, and NOT by percentage”
The court “shall instruct the jury to find and record the total damages … and further instruct the jury to reduce the total damages BY DOLLARS AND CENTS, AND NOT BY PERCENTAGE, to the extent considered just and equitable … and instruct the jury to return both amounts with the knowledge that the lesser figure is the final verdict.”
1. A Maine jury does NOT return “30% at fault” and cut the award 30%. It returns two dollar figures. There is no arithmetic to audit and no percentage to negotiate against — and a reserve model that applies a comparative-fault percentage is modeling a mechanism that does not exist here.
2. The bar is AT 50%, not 51%: “If such claimant is found by the jury to be equally at fault, the claimant may not recover.”
3. The word “percentage” does appear in § 156 — but only in the multiparty-defendant apportionment interrogatory, never in the plaintiff-reduction mechanism. Finding the word and assuming it governs the plaintiff’s reduction is the natural mistake, and it is wrong.
4. JOINT AND SEVERAL LIABILITY IS RETAINED IN FULL: “each defendant is jointly and severally liable to the plaintiff for the full amount of the plaintiff’s damages.” Apportionment exists for contribution only. A 10% liability finding is not a 10% exposure — evaluate your co-defendants’ collectability as part of your own reserve.
1. A Maine jury does NOT return “30% at fault” and cut the award 30%. It returns two dollar figures. There is no arithmetic to audit and no percentage to negotiate against — and a reserve model that applies a comparative-fault percentage is modeling a mechanism that does not exist here.
2. The bar is AT 50%, not 51%: “If such claimant is found by the jury to be equally at fault, the claimant may not recover.”
3. The word “percentage” does appear in § 156 — but only in the multiparty-defendant apportionment interrogatory, never in the plaintiff-reduction mechanism. Finding the word and assuming it governs the plaintiff’s reduction is the natural mistake, and it is wrong.
4. JOINT AND SEVERAL LIABILITY IS RETAINED IN FULL: “each defendant is jointly and severally liable to the plaintiff for the full amount of the plaintiff’s damages.” Apportionment exists for contribution only. A 10% liability finding is not a 10% exposure — evaluate your co-defendants’ collectability as part of your own reserve.
| Property — the form is printed in the Code | Maine | Where |
|---|---|---|
| Standard fire policy | Reprinted in the STATUTE | § 3002 — not a rule, not by reference |
| Suit limitation | TWO YEARS from inception of the loss | § 3002 form · quoted in Marquis fn.3 |
| Statutory floor on contractual limitations | Not less than 2 years from ACCRUAL | § 2433 — a different trigger |
| Payment under the form | 60 days after proof of loss and ascertainment | § 3002 form |
| Appraiser selection after written demand of either party | 20 days | § 3002 form |
| Valued policy law | NONE — proved by enumerating 3001–3061 | ch. 41 |
| Statutory ACV definition | YES — replacement cost less physical depreciation | § 3004-A — not the broad evidence rule |
| Underwriting window — auto / homeowners / seasonal | 60 / 90 / 120 days | § 3049 and Bureau publication |
| Total loss percentage · matching · ordinance or law | NONE of the three | 29-A § 667 · ch. 41 enumeration |
| First-party diminished value | NOT RECOVERABLE | Hall v. Acadia, 2002 ME 110 |
Two years, not twelve months — and the two provisions have DIFFERENT triggersFrom the § 3002 form: “No suit or action on this policy … unless commenced within two years next after inception of the loss.” Independently corroborated in Marquis footnote 3. And § 2433 separately bars any contractual limitation “to a period of less than 2 years from the time when the cause of action accrues.” ⚠ The form runs from INCEPTION OF THE LOSS; § 2433 runs from ACCRUAL, and by its terms addresses foreign insurers. On a late-discovered loss those are materially different dates and the file needs both calculated. Any national reference giving Maine a twelve-month standard fire policy suit clause is wrong — and Maine is not the only state whose form actually says two years. Read the form, not the reference; in Maine the form is four clicks away in the statute.
Two negatives, proved two different ways — and the difference is stated deliberatelyValued policy law: chapter 41 runs 3001 · 3002 · 3003 · 3004 · 3004-A · 3005 · 3006 · 3007 · 3020–3022 · 3030–3034 · 3040–3043 · 3048–3061. No valued policy section exists, and anyone can check the list. Matching: the statutory negative is proved by that same enumeration — but the bulletin-layer negative is search-based only, because bulletins are not published as a numbered closed set. Those are different strengths of evidence and this material does not pretend otherwise. Total loss: 29-A § 667 defines salvage by declaration with no percentage whatsoever, and the Bureau says so: most companies use roughly 75% of ACV, but “Maine law does not require any specific method for establishing the value.” Reject published total-loss percentages on sight until you have read the section.
| Guaranty, fraud and workers’ compensation | Maine | Note |
|---|---|---|
| Guaranty association location | Ch. 57, subch. 3, §§ 4431–4452 | Inside the DELINQUENT INSURERS chapter |
| Per-claim cap | $300,000 | § 4438(1)(A)(3) |
| Workers’ compensation | EXEMPT FROM THE CAP | “the full amount … including interest and all penalties” |
| Cybersecurity sublimit | $500,000 per insured event — NEW 2025 | PL 2025, c. 348 — no secondary source has it yet |
| Unearned premium · claim deductible | $25,000 · NONE | The $50 applies only to unearned premium, not to claims |
| Net worth exclusion · filing bar | Over $25,000,000 · 24 months | Earlier of 24 months or the court’s final date |
| Fraud warning statement | MANDATORY, prescribed text | § 2186 — absence is not a defense |
| Fraud reporting · antifraud plan | Annual AGGREGATE report by MARCH 1 · required | Individual identities excluded |
| Insurance deception — 17-A § 354-A | Class E / D >$500 / C >$1,000 / B >$10,000 | A theft offense in the CRIMINAL Code, not the Insurance Code |
| WC maximum, injuries on/after 1/1/2020 | $1,561.40 — 125% of SAWW | SAWW $1,249.12 eff. 7/1/2026 |
| WC first payment · controversion | 14 days · 45 days | § 205 — late penalty $50/day, capped $1,500; interest 10% |
| WC medical control | EMPLOYER FOR 10 DAYS, then the employee | § 206 — one change thereafter without approval |
| WC partial incapacity cap · and what removes it | 260 / 520 / 624 weeks | Impairment in excess of 15% to the body removes the cap entirely |
Maine REQUIRES a fraud warning, where many states legislate none — and the immunity turns on the RECIPIENT§ 2186 puts this, or substantially similar language, on all applications and claim forms: “It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.” Absence of the warning is NOT a defense to prosecution. § 2187 immunity attaches “in the absence of fraud, malice or bad faith” — but only where information is “furnished to or received from an AUTHORIZED AGENCY.” That list is closed: Attorney General, district attorneys, the FBI, the State Fire Marshal, the Superintendent, the State Police. Good faith is necessary but not sufficient — report a suspicion to a trade database, another carrier or a client’s counsel and the statutory immunity does not obviously travel with you.
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Ten days of medical control, a limitations clock that may never start, and a 15% on/off switch
§ 206: the employer “initially has the right to select” the provider — but “after 10 days from the inception of health care … the employee may select a different health care provider” on written notice, and thereafter “may not change health care providers more than once” without approval. No panel to maintain, nothing to post, and nothing the employer can do to extend it. Whatever direction treatment takes is largely set inside those first ten days.
§ 306: two years from the date of injury “or the date the employer files a required first report of injury … whichever is LATER.” ⚠ Where the employer never filed — or filed years late — the second limb never started running, and the claim does NOT become time-barred on the second anniversary of the injury. Before you deny a Maine comp claim on limitations, confirm the first report was filed and find its date.
§ 213: partial incapacity caps at 260 / 520 / 624 weeks by injury era — but compensation runs “for the duration of the disability” where permanent impairment is “in excess of 15% to the body.” That is not a multiplier and not a settlement guide — it is an ON/OFF SWITCH, and the reserve difference across the line is categorical, not incremental.
⚠ Two stale-document traps, both live during this build. The SAWW turned over from $1,198.84 to $1,249.12 mid-build — a July-indexed figure read in early August is exactly the window in which an agency page turns over, so re-check at publication. And a third-party calculator site indexes Maine’s 2026 maximum at $807/week, grossly inconsistent with 125% of a $1,249.12 SAWW. Do not use calculator sites for benefit rates — the arithmetic check is trivial and catches it instantly.
§ 306: two years from the date of injury “or the date the employer files a required first report of injury … whichever is LATER.” ⚠ Where the employer never filed — or filed years late — the second limb never started running, and the claim does NOT become time-barred on the second anniversary of the injury. Before you deny a Maine comp claim on limitations, confirm the first report was filed and find its date.
§ 213: partial incapacity caps at 260 / 520 / 624 weeks by injury era — but compensation runs “for the duration of the disability” where permanent impairment is “in excess of 15% to the body.” That is not a multiplier and not a settlement guide — it is an ON/OFF SWITCH, and the reserve difference across the line is categorical, not incremental.
⚠ Two stale-document traps, both live during this build. The SAWW turned over from $1,198.84 to $1,249.12 mid-build — a July-indexed figure read in early August is exactly the window in which an agency page turns over, so re-check at publication. And a third-party calculator site indexes Maine’s 2026 maximum at $807/week, grossly inconsistent with 125% of a $1,249.12 SAWW. Do not use calculator sites for benefit rates — the arithmetic check is trivial and catches it instantly.
Ten scenarios — each one a place Maine departs from the national rule, or from what a confident secondary source will tell you.
Read the fact pattern before the options. Several carry a plausible wrong answer that is simply what most published Maine material says.
Read the fact pattern before the options. Several carry a plausible wrong answer that is simply what most published Maine material says.
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Top Exam Tips — Maine Adjuster Regulations
1. ONE license, THREE authorities (§ 1415(3)). No public adjuster license — § 1402(1) reaches “or insured.” The § 1402(11-B) grandfather gave WC authority to every P&C adjuster licensed on 1 Jan 2018.
2. § 1476: 36-hour moratorium FROM THE OCCURRENCE, and a 2-business-day rescission printed on page one. No bond, no fee cap, no mandatory written contract.
3. NO prelicensing (§ 1410(4) REPEALED), NO fingerprints (the word is nowhere in ch. 16), NO CE (§ 1481-A(1) names only producers and consultants), NO residency, office or bond.
4. Passing score 70 — SCALED, not 70% of questions. P&C Adjuster exam is 50 scored + 5 pretest. Exam fee and time limit are NOT PUBLISHED. In-person only since 5/10/2025.
5. $45 resident / $75 nonresident — $15 filing + $30 or $60 license, and the statute and the agency reconcile exactly. § 601(8)(C)’s $50 “temporary license” prices a license that DOES NOT EXIST.
6. Renewal: resident Oct 1 EVEN · nonresident Jan 1 EVEN · resident entity Dec 1 EVEN · nonresident entity APRIL 1 ODD. 90 days late → suspension. Records 3 years. § 1419 DOES bind adjusters — 30 days; do not cite § 1420-P.
7. TWO unfair claims statutes. § 2436-A GRANTS a private action — 5 acts, NO general business practice element, fee-shifting, first-party only. § 2164-D FORECLOSES it — 12 acts, disjunctive qualifier, and it NAMES ADJUSTERS. Regulatory exposure yes, private civil exposure no.
8. § 2436: 30 days from PROOF OF LOSS *AND* ASCERTAINMENT. Fire 60, individual life 2 months, LTC excluded, WC NOT excluded. Interest 1.5%/month is AUTOMATIC. § 2164-E: 60 days, $500 penalty. § 3041: 20 days to BEGIN adjustment, no penalty in the text.
9. Marquis both ways: an unanswered written EUO request means the claim NEVER becomes overdue; and § 2436 is penal and strictly construed, so a bad-faith finding does not trigger it. Maine expressly refused the bad-faith TORT — but the DUTY exists in every insurance contract.
10. Auto 50/100/25 + $2,000 mandatory med-pay (ONE-YEAR incurral window) + $500 towing. UM/UIM at your own liability limits, offset by payments ACTUALLY MADE. Stacking is decided by POLICY LANGUAGE (Cobb).
11. § 156: reduce “by dollars and cents, and NOT by percentage.” Bar AT 50%. Joint and several RETAINED IN FULL. First-party diminished value NOT recoverable (Hall). No total-loss percentage — the Bureau says so.
12. Fire policy printed in § 3002 — suit limitation TWO YEARS, and § 2433 bars anything shorter than two years from accrual. No valued policy law, but § 3004-A defines ACV as replacement cost less physical depreciation. Underwriting windows 60 / 90 / 120.
13. Guaranty $300,000, WC EXEMPT from the cap, $500,000 cyber sublimit NEW in 2025, NO claim deductible. Fraud warning MANDATORY (§ 2186); annual AGGREGATE report by MARCH 1; § 2187 immunity only to or from an authorized agency.
14. WC: max $1,561.40 (SAWW $1,249.12) · 7-day wait · notice 60 days (2020+) · SOL 2 years or first report, WHICHEVER IS LATER · 14 days first payment · 45 days controvert · $50/day capped $1,500 · 10% interest · MEDICAL CONTROL 10 DAYS · caps 260/520/624 · 15% impairment removes the cap.
2. § 1476: 36-hour moratorium FROM THE OCCURRENCE, and a 2-business-day rescission printed on page one. No bond, no fee cap, no mandatory written contract.
3. NO prelicensing (§ 1410(4) REPEALED), NO fingerprints (the word is nowhere in ch. 16), NO CE (§ 1481-A(1) names only producers and consultants), NO residency, office or bond.
4. Passing score 70 — SCALED, not 70% of questions. P&C Adjuster exam is 50 scored + 5 pretest. Exam fee and time limit are NOT PUBLISHED. In-person only since 5/10/2025.
5. $45 resident / $75 nonresident — $15 filing + $30 or $60 license, and the statute and the agency reconcile exactly. § 601(8)(C)’s $50 “temporary license” prices a license that DOES NOT EXIST.
6. Renewal: resident Oct 1 EVEN · nonresident Jan 1 EVEN · resident entity Dec 1 EVEN · nonresident entity APRIL 1 ODD. 90 days late → suspension. Records 3 years. § 1419 DOES bind adjusters — 30 days; do not cite § 1420-P.
7. TWO unfair claims statutes. § 2436-A GRANTS a private action — 5 acts, NO general business practice element, fee-shifting, first-party only. § 2164-D FORECLOSES it — 12 acts, disjunctive qualifier, and it NAMES ADJUSTERS. Regulatory exposure yes, private civil exposure no.
8. § 2436: 30 days from PROOF OF LOSS *AND* ASCERTAINMENT. Fire 60, individual life 2 months, LTC excluded, WC NOT excluded. Interest 1.5%/month is AUTOMATIC. § 2164-E: 60 days, $500 penalty. § 3041: 20 days to BEGIN adjustment, no penalty in the text.
9. Marquis both ways: an unanswered written EUO request means the claim NEVER becomes overdue; and § 2436 is penal and strictly construed, so a bad-faith finding does not trigger it. Maine expressly refused the bad-faith TORT — but the DUTY exists in every insurance contract.
10. Auto 50/100/25 + $2,000 mandatory med-pay (ONE-YEAR incurral window) + $500 towing. UM/UIM at your own liability limits, offset by payments ACTUALLY MADE. Stacking is decided by POLICY LANGUAGE (Cobb).
11. § 156: reduce “by dollars and cents, and NOT by percentage.” Bar AT 50%. Joint and several RETAINED IN FULL. First-party diminished value NOT recoverable (Hall). No total-loss percentage — the Bureau says so.
12. Fire policy printed in § 3002 — suit limitation TWO YEARS, and § 2433 bars anything shorter than two years from accrual. No valued policy law, but § 3004-A defines ACV as replacement cost less physical depreciation. Underwriting windows 60 / 90 / 120.
13. Guaranty $300,000, WC EXEMPT from the cap, $500,000 cyber sublimit NEW in 2025, NO claim deductible. Fraud warning MANDATORY (§ 2186); annual AGGREGATE report by MARCH 1; § 2187 immunity only to or from an authorized agency.
14. WC: max $1,561.40 (SAWW $1,249.12) · 7-day wait · notice 60 days (2020+) · SOL 2 years or first report, WHICHEVER IS LATER · 14 days first payment · 45 days controvert · $50/day capped $1,500 · 10% interest · MEDICAL CONTROL 10 DAYS · caps 260/520/624 · 15% impairment removes the cap.
§ 1402(1) — “or insured”
The two words that mean Maine needs no public adjuster license. One definition reaches both sides of the transaction. Bureau: “Maine does not differentiate between Independent and Public Adjusters.”
§ 1415(3)
ONE license, THREE authorities: property and casualty · multiple peril crop · workers’ compensation. Not three licenses.
§ 1402(11-B) grandfather
Anyone licensed as a P&C adjuster on 1 January 2018 was automatically granted workers’ compensation authority — without ever sitting a comp exam.
Outside the definition
The seven § 1402(1)(A)–(G) categories were never captured, so there is no exemption to lose. The question is “is this person inside § 1402(1) at all?”
Adjuster trainee — § 1402(2)
Less than one year of claims experience under the immediate personal supervision of an adjuster established in the business for 3 years or more. The qualification is on the SUPERVISOR.
§ 1475 catastrophe exemption
No license for an adjuster sent in on behalf of an AUTHORIZED insurer. No declaration, no filing, no fee, no term. The word “authorized” is the gate — surplus lines deployments are outside it.
The § 1475 interlock
The same catastrophe doubles a producer’s settlement authority from $10,000 to $20,000 under § 1402(1)(C). One event, two populations, effects hundreds of sections apart.
§ 1476
36-hour solicitation moratorium running from the occurrence, and a 2-business-day rescission “prominently printed on the first page.” No bond, no fee cap, no mandatory contract.
DRLP — § 1413(3)
The designated responsible licensed person. One per entity. 14 days to report a change; 14 days to replace one who loses their own license or the entity license TERMINATES. Separately, 30 days under § 1413(4).
§ 1425
The nearest Maine has to a background check: the Superintendent “may” investigate character, financial responsibility, experience, background and fitness. Discretionary. Not a fingerprint requirement.
The orphaned fee line
§ 601(8)(C) prices a “Temporary license” at $50. No such adjuster license exists — § 1428 was repealed in 1997 and § 1420-J is producer-only. Chase a fee back to its authorizing section.
Scaled score
Maine’s 70. “Raw scores are converted into scaled scores”; a lower score shows “how close the candidate came to passing, rather than the actual number or percentage of questions.”
Designated Home State — § 1477
Where your home state licenses no adjusters, designate one where you are licensed and in good standing. NOT a resident license and NOT an exam waiver — DHS applicants sit the Maine exam and apply as nonresidents.
§ 1481-A(1)
“This subchapter applies to licensed producers and licensed consultants.” The closed scope clause that proves adjusters have no CE — and that empties § 1416-A’s education condition.
§ 1419
The reporting section that DOES bind adjusters, sitting in the general subchapter and binding “a licensee.” 30 days — including 30 days after the INITIAL PRETRIAL HEARING. § 1420-P is producer-only.
§ 2436-A
The private right of action. Five acts. NO general business practice element — a single act suffices. First-party only. Fee-shifting plus 1.5%/month. You must plead a specific subsection.
§ 2164-D(1)
Defines “insurer” to include “producers, adjusters and 3rd-party administrators” — and then subsection 8 bars any private action. Regulatory exposure yes, private civil exposure no.
§ 2436 two-part trigger
Payable 30 days after proof of loss AND ascertainment — not from notice of loss. Fire 60; individual life 2 months; LTC excluded; workers’ compensation NOT excluded.
“Reasonable additional information”
The § 2436 reset, requested in writing during the 30 days. Per Marquis, an EUO and document request qualifies — and if the insured never complies, the claim NEVER becomes overdue.
Marquis — strict construction
“Section 2436 is penal in nature”, so “a requirement of good faith is not provided” and the Court declined to imply one. A bad-faith finding does not trigger § 2436 if the carrier technically complied.
Marquis — the duty
“In every insurance contract an insurer owes a duty to act in good faith and deal fairly with its insured, even in the absence of a third-party tort claimant.” The duty exists; the TORT does not.
Marquis — five investigation failures
Alibi witnesses never interviewed · a contradicting police statement withheld · a prior paid fire claim on the same building never disclosed to the investigator · an unverified rumor put in the report. $680,000 verdict reinstated.
§ 2164-E
60 days to disclose the insured’s liability limits on written request by a THIRD-PARTY claimant or their attorney. $500 penalty plus fees and expenses.
§ 3041
20 days to BEGIN adjustment of a fire loss. Its caption promises a penalty the text does not supply — two subsections, unamended since 1969.
“Payments actually made”
The § 2902 UIM offset. NOT the tortfeasor’s limits. A below-limits settlement does not generate a full-limits offset — materially different arithmetic, and it favors the insured.
§ 1605-A one-year window
Mandatory $2,000 med-pay applies only to costs INCURRED within one year of injury. Not a billing deadline — a limit on which costs are covered at all.
“By dollars and cents, and not by percentage”
14 M.R.S. § 156. The jury returns two dollar figures and the lesser is the verdict. No percentage to negotiate against and no arithmetic to audit.
“Equally at fault”
§ 156’s bar, AT 50% — not 51%. “If such claimant is found by the jury to be equally at fault, the claimant may not recover.”
Joint and several, retained
“Each defendant is jointly and severally liable to the plaintiff for the full amount.” Apportionment is for contribution only. A 10% liability finding is not a 10% exposure.
Hall v. Acadia, 2002 ME 110
“Diminution in value is a loss that cannot be repaired.” First-party DV is not recoverable in Maine. Third-party DV is unresolved — no authority either way.
Cobb v. Allstate, 663 A.2d 38 (Me. 1995)
Stacking is governed by policy language; the statute “offers no guidance.” Validly drafted anti-stacking and excess clauses are enforced. § 2902 has been amended three times since and still says nothing.
§ 3002
The standard fire policy, printed in the STATUTE itself. Suit limitation TWO YEARS from inception of the loss — not twelve months. § 2433 separately bars anything shorter than two years from accrual.
§ 3004-A
The statutory ACV definition: replacement cost less physical depreciation, depreciation “determined according to standard business practices.” NOT the broad evidence rule — Maine picked a side.
§ 4438 caps
$300,000 per claim · workers’ compensation EXEMPT (“the full amount … including interest and all penalties”) · $500,000 cybersecurity sublimit NEW in 2025 · NO claim deductible.
§ 2186 · § 2187
MANDATORY fraud warning with prescribed text; absence is not a defense. Annual AGGREGATE report by MARCH 1. Immunity attaches only to or from an AUTHORIZED AGENCY — and that list is closed.
§ 306 “whichever is later”
Two years from injury or from the employer’s first report of injury. A missing or late first report keeps the clock open indefinitely.
§ 206 — ten days
The employer selects initially; after 10 days the employee may choose, with a one-change limit thereafter. No panel to maintain and no way to extend it.
15% to the body
§ 213’s threshold. Impairment in excess of 15% removes the duration cap entirely and benefits run “for the duration of the disability.” An on/off switch, not a multiplier.
Like learning this way? There's a whole library of them.
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