Maine Revised Statutes > Title 11 > Article 4 – Bank Deposits and Collections
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Terms Used In Maine Revised Statutes > Title 11 > Article 4 - Bank Deposits and Collections
- 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. 2204affiliated: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. See Maine Revised Statutes Title 24-A Sec. 2204 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Annuity issuer: means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. See Maine Revised Statutes Title 24-A Sec. 2241 Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicable law: means :
A. See Maine Revised Statutes Title 24-A Sec. 2241Applicant: means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten. See Maine Revised Statutes Title 24-A Sec. 2204 Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Association: means the Maine Insurance Guaranty Association. See Maine Revised Statutes Title 24-A Sec. 2392 Authorized individual: means an individual whose access to the nonpublic information held by a licensee and its information systems is authorized and determined by the licensee to be necessary and appropriate. See Maine Revised Statutes Title 24-A Sec. 2263 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Board: means the governing board of the Maine Workers' Compensation Residual Market Pool. See Maine Revised Statutes Title 24-A Sec. 2392 Breathing apparatus: means any breathing device, either high or low pressure, which is used to sustain human life under adverse conditions. See Maine Revised Statutes Title 22 Sec. 1582 carrier: means :
A. See Maine Revised Statutes Title 24-A Sec. 2204Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Confidential investigative information: means any information that:
A. See Maine Revised Statutes Title 24-A Sec. 2204consumer: means any individual who resides or obtains insurance in this State and:
A. See Maine Revised Statutes Title 24-A Sec. 2204Consumer: means an individual, including but not limited to an applicant for insurance, policyholder, insured, beneficiary, claimant or certificate holder, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody or control. See Maine Revised Statutes Title 24-A Sec. 2263 Consumer insurance transaction: means an insurance transaction involving insurance primarily for personal, family or household needs rather than business or professional needs. See Maine Revised Statutes Title 24-A Sec. 2204 Continuance: Putting off of a hearing ot trial until a later time. County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1 Cybersecurity event: means an event resulting in unauthorized access to, disruption of or misuse of an information system or information stored on an information system. See Maine Revised Statutes Title 24-A Sec. 2263 Delinquent insurer: means an insurer that has not timely paid in full that insurer's allocated share pursuant to section 2393, subsection 1, paragraph A, subparagraphs (1) or (2) or section 2393, subsection 1, paragraph B, subparagraphs (1) to (5), except as provided in section 2393, subsection 1, paragraph A, subparagraph (3), division (d) and section 2393, subsection 1, paragraph B, subparagraph (6), division (d). See Maine Revised Statutes Title 24-A Sec. 2392 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1582 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Dependents: means a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony. See Maine Revised Statutes Title 24-A Sec. 2241 Discounted present value: means the fair present value of future payments as determined by discounting such payments to the present using the applicable federal rate for determining the present value of an annuity most recently published by the United States Internal Revenue Service. See Maine Revised Statutes Title 24-A Sec. 2241 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Electronic smoking device: means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. See Maine Revised Statutes Title 22 Sec. 1541 Employer: means any employer in the State that, at any time relevant under this chapter, is required under the Workers' Compensation Act to secure workers' compensation benefits for its employees. See Maine Revised Statutes Title 24-A Sec. 2392 Enclosed area: means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters, doors or passageways. See Maine Revised Statutes Title 22 Sec. 1541 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Executive session: A portion of the Senate's daily session in which it considers executive business. Expense constant: means a premium charge approved by the superintendent that applies to every policy, in addition to other premium charges, covering expenses such as those for issuing, recording and auditing that are common to all workers' compensation policies regardless of premium size. See Maine Revised Statutes Title 24-A Sec. 2392 Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC Federal hardship standard: means a federal standard applicable to transfers of structured settlement payment rights based on findings of a court or responsible administrative authority regarding the payee's needs, as contained in the United States Internal Revenue Code or in a United States Treasury regulation adopted pursuant to the code. See Maine Revised Statutes Title 24-A Sec. 2241 Fiduciary: A trustee, executor, or administrator. Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: Fraud: Intentional deception resulting in injury to another. Fresh start period: means the period from January 1, 1988 to December 31, 1992. See Maine Revised Statutes Title 24-A Sec. 2392 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Health care: includes prescribing, dispensing, furnishing or providing to a patient drugs, biologicals, medical devices, health care equipment and supplies or hospice services and the banking of blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 24-A Sec. 2204 Health care: means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition. See Maine Revised Statutes Title 22 Sec. 1501 Health care facility: means a facility, institution or entity licensed pursuant to Title 22 that offers health care to persons in this State, including a home health care entity and a hospice program, or a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 24-A Sec. 2204 Health care information: means information that:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
A. See Maine Revised Statutes Title 24-A Sec. 2204Health care practitioner: means a person licensed in this State to provide or otherwise lawfully providing health care, and includes a partnership or corporation made up of health care practitioners, or an officer, employee, agent or contractor of a health care practitioner acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to an individual. See Maine Revised Statutes Title 24-A Sec. 2204 Health care provider: means a health care practitioner or health care facility. See Maine Revised Statutes Title 24-A Sec. 2204 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 hookah: means a device used for smoking tobacco that consists of a tube connected to a container where the smoke is cooled by passing through water. See Maine Revised Statutes Title 22 Sec. 1541 Independent professional advice: means advice of an attorney, certified public accountant, actuary or other licensed professional advisor:
A. See Maine Revised Statutes Title 24-A Sec. 2241Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Information security program: means the administrative, technical and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of or otherwise handle nonpublic information. See Maine Revised Statutes Title 24-A Sec. 2263 Information system: means a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination or disposition of electronic information, as well as any specialized system such as an industrial or process control system, a telephone switching and private branch exchange system or an environmental control system. See Maine Revised Statutes Title 24-A Sec. 2263 Initial surcharge period: means the period from July 1, 1995 to June 30, 2003. See Maine Revised Statutes Title 24-A Sec. 2392 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Institutional source: means any person or governmental entity that provides information about an individual to a regulated insurance entity or insurance support organization other than:
A. See Maine Revised Statutes Title 24-A Sec. 2204Insurance 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. 2204Insurance transaction: means any transaction that entails:
A. See Maine Revised Statutes Title 24-A Sec. 2204Insured employer: means an employer in the State that, on or after July 1, 1995, secures or continues to secure workers' compensation benefits under the Workers' Compensation Act for its employees through the purchase of an insurance policy. See Maine Revised Statutes Title 24-A Sec. 2392 Insurer: means every insurer or group of affiliated insurers authorized to provide workers' compensation insurance in the State at any time during the fresh start period. See Maine Revised Statutes Title 24-A Sec. 2392 Interested parties: means the payee, any beneficiary designated under the annuity contract to receive payments following the payee's death and any other party that has continuing rights or obligations under the contract. See Maine Revised Statutes Title 24-A Sec. 2241 Large deductible policy: means a workers' compensation policy written with a per occurrence deductible in excess of $5,000 or a medical deductible in excess of $500. See Maine Revised Statutes Title 24-A Sec. 2392 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Licensee: means a person licensed, authorized to operate or registered or required to be licensed, authorized or registered pursuant to the insurance laws of this State. See Maine Revised Statutes Title 24-A Sec. 2263 Lien: A claim against real or personal property in satisfaction of a debt. live birth: as used in this chapter , shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Maine Revised Statutes Title 22 Sec. 1595 Major insurer: means any insurer that was designated by the superintendent as a servicing carrier in the workers' compensation residual market in the State as of October 1, 1986. See Maine Revised Statutes Title 24-A Sec. 2392 manual premium: means the workers' compensation premium that would have been applicable to the individual self-insured employer if calculated using the advisory loss costs in effect at the time the surcharge is due multiplied by 1. See Maine Revised Statutes Title 24-A Sec. 2392 Minor: means a person under 18 years of age. See Maine Revised Statutes Title 22 Sec. 1501 Minor insurer: means any insurer other than a major insurer. See Maine Revised Statutes Title 24-A Sec. 2392 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Multifactor authentication: means authentication through verification of at least 2 of the following types of authentication factors:
A. See Maine Revised Statutes Title 24-A Sec. 2263Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 Net direct written premium: means the Maine direct gross premiums charged less all return premiums, except dividends and savings refunded under participating policies, returned to policyholders for all Workers' Compensation and Occupational Disease Insurance written in this State. See Maine Revised Statutes Title 24-A Sec. 2392 Nonpublic information: means information that is not publicly available information and is:
A. See Maine Revised Statutes Title 24-A Sec. 2263Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Oversight: Committee review of the activities of a Federal agency or program. Payee: means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights under that settlement. See Maine Revised Statutes Title 24-A Sec. 2241 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 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 pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. See Maine Revised Statutes Title 22 Sec. 1471-C pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 22 Sec. 1471-C Plan year: means , for an employer, the period beginning on the self-insured employer's plan approval or renewal date and ending the day before the next plan renewal or anniversary date. See Maine Revised Statutes Title 24-A Sec. 2392 Policy year: means the following:
A. See Maine Revised Statutes Title 24-A Sec. 2392Policyholder: means any person who:
A. See Maine Revised Statutes Title 24-A Sec. 2204Pool: means the Maine Workers' Compensation Residual Market Pool described in and governed by chapter 440. See Maine Revised Statutes Title 24-A Sec. 2392 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Pretext interview: means an interview wherein a person, in an attempt to obtain information, performs one or more of the following acts:
A. See Maine Revised Statutes Title 24-A Sec. 2204Probate: Proving a will Public place: means any place not open to the sky into which the public is invited or allowed. See Maine Revised Statutes Title 22 Sec. 1541 Publicly available information: means information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:
A. See Maine Revised Statutes Title 24-A Sec. 2263Qualified assignment agreement: means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code, Title 26. See Maine Revised Statutes Title 24-A Sec. 2241 Quorum: The number of legislators that must be present to do business. registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Regulated insurance entity: means any person or entity required to be licensed by the superintendent under this Title or Title 24, including without limitation a carrier, producer, producer agency or administrator. 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 Residual market: means the instrument to provide coverage to employers not able to obtain coverage in the voluntary market. See Maine Revised Statutes Title 24-A Sec. 2392 residual market mechanism: means the workers' compensation residual market mechanism described in and governed by Chapter 440. See Maine Revised Statutes Title 24-A Sec. 2392 Responsible administrative authority: means any government authority vested by law with exclusive jurisdiction over the settled claim resolved by a structured settlement. See Maine Revised Statutes Title 24-A Sec. 2241 Risk assessment: means the risk assessment that a licensee is required to conduct under section 2264, subsection 3. See Maine Revised Statutes Title 24-A Sec. 2263 Self-insured employer: means an employer that, on or after July 1, 1995, secures or continues to secure workers' compensation through a self-insured program under the Workers' Compensation Act as approved by the superintendent pursuant to the provisions of Title 39?A, section 403, subsection 3. See Maine Revised Statutes Title 24-A Sec. 2392 Self-insured group or groups: means a self-insured group approved by the superintendent pursuant to chapter 250, section 3. See Maine Revised Statutes Title 24-A Sec. 2392 Settled claim: means the original tort claim or workers' compensation claim resolved by a structured settlement. See Maine Revised Statutes Title 24-A Sec. 2241 Smoking: includes carrying or having in one's possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. See Maine Revised Statutes Title 22 Sec. 1541 Structured settlement: means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim. See Maine Revised Statutes Title 24-A Sec. 2241 Structured settlement agreement: means the agreement, judgment, stipulation or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments. See Maine Revised Statutes Title 24-A Sec. 2241 Structured settlement obligor: means the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. See Maine Revised Statutes Title 24-A Sec. 2241 Structured settlement payment rights: means rights to receive periodic payments, including lump sum payments, under a structured settlement, whether from the settlement obligor or the annuity issuer, when:
A. See Maine Revised Statutes Title 24-A Sec. 2241Succession transaction: means an asset sale, merger, consolidation, reorganization or restructuring that creates a successor self-insured employer. See Maine Revised Statutes Title 24-A Sec. 2392 Successor self-insured employer: means any self-insured employer that is a successor entity to another employer or employers doing business in this State. See Maine Revised Statutes Title 24-A Sec. 2392 Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 2392 Suppliers of compressed air: means any organization, agency, individual, firm, partnership or corporation that provides compressed air to be used in self-contained breathing apparatus. See Maine Revised Statutes Title 22 Sec. 1582 Surchargeable premium: means :
A. See Maine Revised Statutes Title 24-A Sec. 2392Surrogate: means :
A. See Maine Revised Statutes Title 22 Sec. 1501Terms of a structured settlement: means the terms of a structured settlement agreement, an annuity contract, any qualified assignment agreement and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving the structured settlement. See Maine Revised Statutes Title 24-A Sec. 2241 Tester of compressed air: means any organization, agency, individual, firm, partnership or corporation that is recognized by the department as qualified to inspect and test suppliers of compressed air. See Maine Revised Statutes Title 22 Sec. 1582 Testify: Answer questions in court. Third-party service provider: means a person that is not a licensee and that contracts with a licensee to maintain, process or store or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Maine Revised Statutes Title 24-A Sec. 2263 timely payment: means payment by the party responsible for the payments on or before the due date specified in this chapter. See Maine Revised Statutes Title 24-A Sec. 2392 Tobacco specialty store: means a retail business under 2,000 square feet in which at least 60% of the business's gross revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products. See Maine Revised Statutes Title 22 Sec. 1541 Transfer: means any sale, assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration. See Maine Revised Statutes Title 24-A Sec. 2241 Transfer agreement: means the agreement providing for transfer of structured settlement payment rights from a payee to a transferee. See Maine Revised Statutes Title 24-A Sec. 2241 Transferee: means a person that becomes entitled to receive structured settlement payment rights as a result of a transfer agreement. See Maine Revised Statutes Title 24-A Sec. 2241 under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or a corporate office held by the person. See Maine Revised Statutes Title 24-A Sec. 2204 Voluntary market: means the workers' compensation insurance market in which insurance companies voluntarily offer coverage to applicants who meet the insurers' underwriting standards or guidelines. See Maine Revised Statutes Title 24-A Sec. 2392 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001