§4119. The contract
Every society authorized to do business in this State shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance, between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability, if any, shall be endorsed upon or attached to the certificate. [PL 1969, c. 132, §1 (NEW).]
All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision shall be void. [PL 1969, c. 132, §1 (NEW).]
Any changes, additions or amendments to the charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the member as of the date of issuance. [PL 1969, c. 132, §1 (NEW).]
Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof. [PL 1969, c. 132, §1 (NEW).]
A society shall provide in its constitution or laws that if its reserves as to all or any class of certificates become impaired its board of directors or corresponding body may require that there shall be paid by the member to the society the amount of the member's equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it shall stand as an indebtedness against the certificate and draw interest not to exceed 5% per annum compounded annually. [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
Structure Maine Revised Statutes
TITLE 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
24-A §4101. Fraternal benefit societies defined
24-A §4102. Lodge system defined
24-A §4103. Representative form of government defined
24-A §4105. Corporate powers retained
24-A §4106. Voluntary associations
24-A §4107. Location of office -- place of meeting
24-A §4108. Consolidations and mergers
24-A §4109. Conversion of fraternal benefit society into mutual life insurance company
24-A §4110. Qualifications for membership
24-A §4111. Articles of incorporation, constitution and laws -- amendments
24-A §4113. No personal liability
24-A §4115. Benefits on lives of children
24-A §4116. Nonforfeiture benefits, cash surrender values, certificate loans and other options
24-A §4118. Benefits not attachable
24-A §4120. Life benefit certificate provisions, standard and prohibited
24-A §4121. Accident and health insurance and total and permanent disability insurance certificates
24-A §4121-A. Acquired Immune Deficiency Syndrome
24-A §4125. Foreign or alien society -- admission
24-A §4126. Injunction -- liquidation -- receivership of domestic society
24-A §4127-A. Suspension, revocation or refusal of license of foreign or alien society
24-A §4128. Licensing of agents
24-A §4129. Service of process
24-A §4134. Reports and valuations
24-A §4135. Examination of domestic societies
24-A §4136. Examination of foreign and alien societies
24-A §4137. No adverse publications
24-A §4138. Misrepresentation (REPEALED)
24-A §4138-A. Enforcement; unfair methods of competition and unfair and deceptive acts and practices
24-A §4139. Discrimination and rebates (REPEALED)
24-A §4139-A. Funeral service contracts