§425. Transactions with parent corporation, subsidiaries, and affiliates
1. No insurer shall engage directly or indirectly in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which shall result or tend to result in:
A. Substitution through any method of any asset of the insurer with an asset or assets of inferior quality or lower fair market value; or [PL 1969, c. 132, §1 (NEW).]
B. Deception as to the true operating results of the insurer; or [PL 1969, c. 132, §1 (NEW).]
C. Deception as to the true financial condition of the insurer; or [PL 1969, c. 132, §1 (NEW).]
D. Allocation to the insurer of a proportion of the expense of combined facilities or operations which is unfair and unfavorable to the insurer; or [PL 1969, c. 132, §1 (NEW).]
E. Unfair, unnecessary or excessive charges against the insurer for services, or facilities, or supplies or reinsurance; or [PL 1969, c. 132, §1 (NEW).]
F. Unfair and inadequate charges by the insurer for reinsurance, services, facilities or supplies furnished by the insurer to others; or [PL 1969, c. 132, §1 (NEW).]
G. Payment by the insurer for services, facilities, supplies or reinsurance not reasonably needed by the insurer. [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
2. In all transactions between the insurer and its parent corporation, or involving the insurer and any subsidiary or affiliated person, full recognition shall be given to the paramount duty and obligation of the insurer to protect the interests of policyholders, both existing and future.
[PL 1969, c. 132, §1 (NEW).]
3. For the purposes of this section a "subsidiary" is a person of which either the insurer or the parent corporation, or both, holds practical control, and an "affiliated person" is a person controlled by any combination of the insurer, the parent corporation, a subsidiary, or the principal stockholders or officers or directors of any of the foregoing.
[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 5: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS
Subchapter 1: AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS
24-A §400. "Stock" insurer defined
24-A §401. "Mutual" insurer defined
24-A §402. "Reciprocal"; "Lloyd's" insurer defined
24-A §404. Certificate of authority required; enforcement; penalty
24-A §405. Exceptions to certificate of authority requirement
24-A §406. General eligibility for certificate of authority
24-A §407. Same; ownership, management
24-A §409. Insurance lines combinations
24-A §410. Minimum paid-in capital and surplus requirements
24-A §411. Insuring combinations without additional capital funds
24-A §413. Application for certificate of authority
24-A §413-A. Alien insurer; port of entry
24-A §414. Issuance, refusal of authority, ownership of certificate
24-A §415. Continuation of certificate of authority
24-A §415-A. Termination of certificate of authority
24-A §416. Petition for suspension or revocation of certificate of authority; mandatory grounds
24-A §417. Suspension or revocation of certificate of authority; discretionary and special grounds
24-A §418. Power to amend, modify or refuse to renew certificates of authority
24-A §418-A. Order, notice of suspension or, revocation; publication; effect upon agents' authority
24-A §419. Duration of suspension; insurer's obligation during suspension period; reinstatement
24-A §420. General corporation laws inapplicable to foreign insurers
24-A §421. Superintendent process agent for insurers
24-A §422. Serving process (REPEALED)
24-A §423-A. Interim financial reporting requirements
24-A §423-B. Periodic financial reports of insurer-controlled health maintenance organizations
24-A §423-C. Reports of material transactions
24-A §423-D. Annual report supplement
24-A §423-E. Report to Legislature (REPEALED)
24-A §423-F. Own risk and solvency assessment
24-A §423-G. Corporate governance annual disclosure
24-A §424. -- penalty for late or false statement
24-A §425. Transactions with parent corporation, subsidiaries, and affiliates
24-A §425-A. Contract to participate in finance program
24-A §426. Resident agent; countersignature law (REPEALED)