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Article 1 Bills of Lading 1661 – 1667
Article 2 Warehouse Receipts 1701 – 1706
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Terms Used In Maine Revised Statutes > Title 17 > Chapter 59 > Subchapter 2 - Commercial Frauds

  • AADT: means the average annual daily traffic as determined by the department using accepted engineering practices. See Maine Revised Statutes Title 23 Sec. 562
  • Administrator: means the person who is responsible for the administration of a service contract program or who is responsible for any submission required by this chapter. See Maine Revised Statutes Title 24-A Sec. 7102
  • Advertising: means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet or a similar communications medium, including film strips, motion pictures and videos, published, disseminated, circulated or placed before the public, directly or indirectly, for the purpose of creating an interest in or inducing a person to sell a life insurance policy pursuant to a settlement contract. See Maine Revised Statutes Title 24-A Sec. 6802-A
  • Affiliate: means any of the following entities:
A. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Blanket travel insurance: means a policy of group travel insurance that provides coverage for specific classes of persons defined in the policy under which coverage is provided to all members of the eligible group without a separate charge to individual members of the eligible group. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Board: means the InforME Board established in section 534. See Maine Revised Statutes Title 1 Sec. 532
  • Bridge: means a structure, including supports, designed principally to carry motor vehicles that is erected over a depression or an obstruction, such as water, a highway or a railway, and has an opening measured along the center of the roadway of more than 20 feet between the undercropping of abutments or spring lines of arches or the extreme ends of openings for multiple boxes. See Maine Revised Statutes Title 23 Sec. 562
  • Business of settlements: means any activity involved in, but not limited to, the offering, solicitation, negotiation, procurement, effectuation, purchasing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner engaging in the business of settlement contracts. See Maine Revised Statutes Title 24-A Sec. 6802-A
  • Cancellation fee waiver: means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Capital improvement: includes construction of new structures, replacement of existing structures, removal of closed structures and rehabilitation of existing structures. See Maine Revised Statutes Title 23 Sec. 562
  • Capital responsibility: means the responsibility to provide all resources needed to make capital improvement to a structure. See Maine Revised Statutes Title 23 Sec. 562
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means an individual who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family or household purposes and not for business or research purposes. See Maine Revised Statutes Title 24-A Sec. 7102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Culvert: means any pipe or other structure that has a span of less than 10 feet or multiple pipes or other structures with a combined opening of less than 80 square feet in area. See Maine Revised Statutes Title 23 Sec. 562
  • Customer: means a person or an authorized representative who has been personally and directly offered or presently maintains an investment security, trust, credit or an insurance product with a supervised lender. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Customer: means a person who purchases a portable electronic device or service. See Maine Revised Statutes Title 24-A Sec. 7001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 242
  • Designated responsible producer: means the individual licensed producer responsible for ensuring compliance by the supervising travel insurance producer and its registrants with travel insurance laws and rules of the State. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Detour length: means the shortest distance measured along a public way from one abutment of a bridge to the other abutment that would result if the bridge were closed. See Maine Revised Statutes Title 23 Sec. 562
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Displaced person: means :
    (1) Any person who moves from real property or moves that person's personal property from real property:
    (a) As a direct result of a written notice of intent to acquire or the acquisition of that real property in whole or in part for a program or project undertaken by the department; or
    (b) On which the person is a residential tenant or conducts a small business, a farm operation or a business defined in subsection 2, as a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes under a program or project undertaken by the department in any case in which the department determines that the displacement is permanent; and
    (2) Solely for the purposes of section 243 and section 244, subsections 1 and 2, any person who moves from real property or moves that person's personal property from real property:
    (a) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the department; or
    (b) As a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by the department where the department determines that the displacement is permanent. See Maine Revised Statutes Title 23 Sec. 242
  • Electronic services: means services provided by InforME through electronic means. See Maine Revised Statutes Title 1 Sec. 532
  • Eligible group: means 2 or more persons that are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including but not limited to any of the following:
  • A. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Enrolled customer: means a customer who elects coverage under a portable electronic device insurance policy issued to a vendor. See Maine Revised Statutes Title 24-A Sec. 7001
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FHWA: means an agency of the United States Department of Transportation. See Maine Revised Statutes Title 23 Sec. 562
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Fraudulent viatical or life settlement act: includes :
  • A. See Maine Revised Statutes Title 24-A Sec. 6802-A
  • Fulfillment materials: means documentation provided to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Group travel insurance: means travel insurance issued to an eligible group. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • InforME: means the system through which the State electronically provides public information, access to public information and electronic services to individuals, businesses and other entities. See Maine Revised Statutes Title 1 Sec. 532
  • Insurance consultant: means a person engaged in the business of an insurance consultant as defined in Title 24?A, section 1402, subsection 4, 8 or 11. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Insurance producer: means a person required to be licensed as an insurance producer as defined in Title 24?A, section 1402, subsection 5. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Insurance product: means a contract of insurance that is offered for sale by an insurance producer employed by or affiliated with a supervised lender. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited lines license: means a license to sell or offer a policy for portable electronic device insurance. See Maine Revised Statutes Title 24-A Sec. 7001
  • Location: means any physical location in the State or any publicly accessible website, call center or similar operation directed to residents of the State. See Maine Revised Statutes Title 24-A Sec. 7001
  • Low use bridge: means a bridge with an AADT of under 100 motor vehicles. See Maine Revised Statutes Title 23 Sec. 562
  • Maintenance: means the work necessary to preserve a structure's existing structural or functional capacity and integrity and to abate deterioration of its components. See Maine Revised Statutes Title 23 Sec. 562
  • Maintenance agreement: means a contract of limited duration that provides for scheduled maintenance only and does not include repair or replacement. See Maine Revised Statutes Title 24-A Sec. 7102
  • Maintenance responsibility: means the responsibility to provide all resources needed to perform maintenance on a structure. See Maine Revised Statutes Title 23 Sec. 562
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Minor span: means a structure designed principally to carry motor vehicles that is larger than a culvert but has a span less than that required to be defined as a bridge. See Maine Revised Statutes Title 23 Sec. 562
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle manufacturer: means a person that:
  • A. See Maine Revised Statutes Title 24-A Sec. 7102
  • Municipal 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
  • Municipality: includes departments or bureaus of State Government and quasi-independent agencies or boards of State Government that are responsible for structures on public highways, excepting the Maine Turnpike Authority. See Maine Revised Statutes Title 23 Sec. 562
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. 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
  • Network manager: means the person under contract to carry out the duties described in section 535. See Maine Revised Statutes Title 1 Sec. 532
  • Offer and disseminate: means to provide general information, including a description of the coverage and price, as well as to process the application and collect premiums. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Ownership interest: includes general partnership shares, limited partnership shares and shares of stock that possess any voting rights. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall mean any individual, partnership, corporation or association. See Maine Revised Statutes Title 23 Sec. 242
  • Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate or any similar entity or combination of entities acting in concert. See Maine Revised Statutes Title 24-A Sec. 7102
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Personal information: means information about a natural person that readily identifies that specific person. See Maine Revised Statutes Title 1 Sec. 541
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policy: means an individual or group policy, group certificate, contract or arrangement of life insurance affecting the rights of a resident of this State or bearing a reasonable relation to this State, regardless of whether delivered or issued for delivery in this State. See Maine Revised Statutes Title 24-A Sec. 6802-A
  • Portable electronic device: means an electronic device that is portable in nature, its accessories and services related to the use of the device. See Maine Revised Statutes Title 24-A Sec. 7001
  • Portable electronic device insurance: means insurance authorized under section 705 providing coverage for the repair or replacement of a portable electronic device that may cover a portable electronic device against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. See Maine Revised Statutes Title 24-A Sec. 7001
  • Portable electronic device transaction: means :
  • A. See Maine Revised Statutes Title 24-A Sec. 7001
  • Premium: means the consideration paid to an insurer for a reimbursement insurance policy. See Maine Revised Statutes Title 24-A Sec. 7102
  • Primary certificate holder: means an individual who elects and purchases travel insurance under a group travel insurance policy. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Primary policyholder: means an individual who elects and purchases individual travel insurance. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Property valuation: means the value of all taxable property in a municipality based upon 100% of the current market value as determined by the State Tax Assessor. See Maine Revised Statutes Title 23 Sec. 562
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a person who is contractually obligated to a service contract holder under the terms of a service contract. See Maine Revised Statutes Title 24-A Sec. 7102
  • Provider fee: means the consideration paid for a service contract. See Maine Revised Statutes Title 24-A Sec. 7102
  • Public entity: means :
  • A. See Maine Revised Statutes Title 1 Sec. 541
  • Public information: means any information that is:
  • A. See Maine Revised Statutes Title 1 Sec. 532
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Redundant bridge: means a bridge in which the AADT multiplied by the detour length in miles is less than 200. See Maine Revised Statutes Title 23 Sec. 562
  • Reimbursement insurance policy: means a policy of insurance, issued to a provider, that provides reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, pays to service contract holders on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See Maine Revised Statutes Title 24-A Sec. 7102
  • Service contract: includes a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following:
  • A. See Maine Revised Statutes Title 24-A Sec. 7102
  • Service contract holder: means a person who is the purchaser or holder of a service contract. See Maine Revised Statutes Title 24-A Sec. 7102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Settlement provider: means a person other than the viator that enters into or effectuates a settlement contract. See Maine Revised Statutes Title 24-A Sec. 6802-A
  • State: shall include every agency, department and political subdivision of the State, but shall not include the Department of Transportation. See Maine Revised Statutes Title 1 Sec. 903
  • Statute: A law passed by a legislature.
  • Structure: means a bridge or minor span. See Maine Revised Statutes Title 23 Sec. 562
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means any corporation, partnership, association or other business entity in which either:
  • A. See Maine Revised Statutes Title 9-A Sec. 4-403
  • Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 7102
  • Supervising entity: means a business entity that is a licensed insurance producer or insurer. See Maine Revised Statutes Title 24-A Sec. 7001
  • Supervising travel insurance producer: includes a:
  • A. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Tangible net worth: means equity less assets that have no physical existence and depend on expected future benefits for their ascribed value. See Maine Revised Statutes Title 24-A Sec. 7102
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Travel administrator: means a person that directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims on residents of the State in connection with travel insurance, except that a person is not a travel administrator if that person's only actions that would otherwise cause that person to be a travel administrator are among the following:
  • A. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Travel assistance services: includes , but is not limited to: security advisories; destination information; vaccination and immunization information services; travel reservation services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost baggage assistance; concierge services; and any other services that are furnished in connection with planned travel. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Travel insurance: means insurance coverage as defined in section 1420?F, subsection 1, paragraph H. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Travel protection plan: means a plan that provides one or more of the following: travel insurance, travel assistance services and a cancellation fee waiver. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Travel retailer: means a business entity that makes, arranges or offers planned travel and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a supervising travel insurance producer. See Maine Revised Statutes Title 24-A Sec. 7052-A
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • User: means an individual, business or organization that uses electronic services, whether for a fee or at no charge. See Maine Revised Statutes Title 1 Sec. 532
  • Vendor: means a person in the business of engaging in portable electronic device transactions directly or indirectly. See Maine Revised Statutes Title 24-A Sec. 7001
  • Warranty: means a warranty made solely by the manufacturer, importer or seller of property or services without consideration that is not negotiated or separated from the sale of the product and is incidental to the sale of the product and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. See Maine Revised Statutes Title 24-A Sec. 7102
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72