Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 8108 (2026)

Time for allowance or denial of claims

✓ current as of May 2026
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Within 120 days after the filing of the claim with the governmental entity, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial of the monetary damages claimed. A claim shall be deemed to have been denied if at the end of the 120-day period the governmental entity has failed to approve or deny the claim.   [PL 1977, c. 2, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2022 · leading case: Claire Dean Perry v. William T. Dean Jr., 2017 ME 35 (Me. 2017).
Claire Dean Perry v. William T. Dean Jr., 2017 ME 35 (Me. 2017). “[¶21] Combining various provisions of the Probate Code to reach the inference that the Legislature waived immunity, as the trial court did, contravenes the clear statutory language granting the State immunity “[ejxcept as otherwise expressly provided by statute,” 14 M.R.S. §…”
Learnard v. Inhabitants of Town of Van Buren, 164 F. Supp. 2d 35 (D. Me. 2001). “See 14 M.R.S.A. § 8108. Plaintiff filed his notice of claim on or about February 5, 2001, then filed the instant action only fifteen days later on February 20, 2001.”
Webb v. Haas, 665 A.2d 1005 (Me. 1995). “14 M.R.S.A. § 8108(1). In addition to the enumerated exceptions to immunity set forth in section 8104-A, none of which applies here, the State waives immunity when it procures liability insurance in areas where it is otherwise immune.”
Palm v. Sisters of Charity Health, Sys., 537 F. Supp. 2d 228 (D. Me. 2008). “” 14 M.R.S.A. § 8108. 6 . The letter also includes a notation to Community Clinic Services (CCS), but does not include an address for CCS.”
Hewes v. Pushard (D. Me. 2022). · cites it 2× “14 M.R.S.A. § 8108 (West 2022). If the cause of action accrues while the plaintiff is a minor, the action must be brought within two years of the minor’s 18th birthday.”
McIlwain v. Cumberland Cnty. Sheriff's Off. (Me. Super. Ct 2020). “Defendant also asserts that Plaintiff did not wait the statutorily mandated 120 days before filing suit as required by 14 M.R.S.A. § 8108, thereby divesting the court of jurisdiction.”
— Me. Rev. Stat. tit. 14, § 8108(1) — 2 cases
Claire Dean Perry v. William T. Dean Jr., 2017 ME 35 (Me. 2017). “[¶21] Combining various provisions of the Probate Code to reach the inference that the Legislature waived immunity, as the trial court did, contravenes the clear statutory language granting the State immunity “[ejxcept as otherwise expressly provided by statute,” 14 M.R.S. §…”
Webb v. Haas, 665 A.2d 1005 (Me. 1995). “14 M.R.S.A. § 8108(1). In addition to the enumerated exceptions to immunity set forth in section 8104-A, none of which applies here, the State waives immunity when it procures liability insurance in areas where it is otherwise immune.”
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