Maine Revised Statutes

Me. Rev. Stat. tit. 24-A, § 1445 (2026)

Responsibility of insurer, health maintenance organization, fraternal benefit society, or nonprofit hospital or medical service organization; prohibited activities

✓ current as of May 2026
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1.  Responsibilities for training and supervision.  In addition to any other applicable provisions of law, the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization:  
A. Shall ensure adequate training for its appointed producers;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
B. Shall provide supervision of its appointed producers who sell insurance on its behalf;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
C. Is responsible for injuries to consumers resulting from the actions of its appointed producers to the extent of restitution, reimbursement of money or payment of interest to the consumer; and   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
D. Is accountable and may be penalized by the superintendent, as provided for in this Title, for the actions of its producers.   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
2.  Prohibited activities.  A licensed insurance producer in this State may not:  
A. Use knowledge gained as a result of the producer's insurance relationship with the insurance consumer for the producer's own personal gain, other than the receipt of fees or commissions allowed under section 1450, or use knowledge gained as a result of the relationship for the purpose of investing the insurance consumer's money in property or assets in which the insurance producer or the producer's relatives have or will have a personal ownership interest unless that activity is otherwise authorized under insurance, banking or securities laws or rules; or   [PL 1999, c. 225, §4 (AMD).]
B. Receive a fee for rendering advice on financial or estate planning or for selling trust packages, if the producer also recommends the purchase of an insurance policy upon which the producer will receive commissions, unless the producer is licensed as a consultant acting in compliance with consultant licensing laws or provides the required documentation in accordance with section 1466, subsection 2.   [PL 1999, c. 225, §4 (AMD).]
[PL 1999, c. 225, §4 (AMD).]
3.  Common law principles.  Nothing in this chapter abrogates the common law principles of apparent or implied authority as available remedies or defenses.  
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1999, c. 225, §4 (AMD).
Notes of Decisions
Cited in 5 cases, 2011–2014 · leading case: Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013).
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). · cites it 9× “§ 1445(1)(A)-(C) (2012), which provide for an insurer’s responsibilities with respect to its “appointed producers” (emphasis added), the fourth paragraph, the statute at issue here, section 1445(1)(D), makes an insurer accountable for “the actions of its producers.”
Bankers Life & Cas. Co. v. Superintendent of Ins., 2013 ME 7 (Me. 2013). · cites it 3× “See 24-A M.R.S. § 1445(1)(A), (B) (requiring an insurer to “ensure adequate training for its appointed producers” and “provide supervision of its appointed producers who sell insurance on its behalf’).”
Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014). “Noveletsky’s citation is a puzzling non-sequitur. The statute she identifies does not create a fiduciary relationship between MetLife and Noveletsky, much less establish that there was a great disparity of position and influence between them.”
Bankers Life & Cas. Co. v. Superintendent of Ins. (Me. Super. Ct 2012). · cites it 5× “Vicarious Liability ofBankers Life In a pre-hearing ruling, the Superintendent ordered that Bankers Life would be responsible for Mr. Juliano's misconduct, pursuant to 24-A M.”
Lane v. Kofman, 765 F. Supp. 2d 61 (D. Me. 2011). “2 Unlike the petition in Arcadian, which invoked 24-A M.R.S.A. § 1445(1)(D), the Lane Petition clearly invokes a section of the Maine Producer Licensing Act, 24-A M.”
— Me. Rev. Stat. tit. 24-A, § 1445(1) — 2 cases
Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014). “Noveletsky’s citation is a puzzling non-sequitur. The statute she identifies does not create a fiduciary relationship between MetLife and Noveletsky, much less establish that there was a great disparity of position and influence between them.”
Bankers Life & Cas. Co. v. Superintendent of Ins. (Me. Super. Ct 2012). “Vicarious Liability ofBankers Life In a pre-hearing ruling, the Superintendent ordered that Bankers Life would be responsible for Mr. Juliano's misconduct, pursuant to 24-A M.”
— Me. Rev. Stat. tit. 24-A, § 1445(1)(A) — 2 cases
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “§ 1445(1)(A)-(C) (2012), which provide for an insurer’s responsibilities with respect to its “appointed producers” (emphasis added), the fourth paragraph, the statute at issue here, section 1445(1)(D), makes an insurer accountable for “the actions of its producers.”
Bankers Life & Cas. Co. v. Superintendent of Ins., 2013 ME 7 (Me. 2013). “See 24-A M.R.S. § 1445(1)(A), (B) (requiring an insurer to “ensure adequate training for its appointed producers” and “provide supervision of its appointed producers who sell insurance on its behalf’).”
— Me. Rev. Stat. tit. 24-A, § 1445(1)(C) — 1 case
Bankers Life & Cas. Co. v. Superintendent of Ins., 2013 ME 7 (Me. 2013). “See 24-A M.R.S. § 1445(1)(A), (B) (requiring an insurer to “ensure adequate training for its appointed producers” and “provide supervision of its appointed producers who sell insurance on its behalf’).”
— Me. Rev. Stat. tit. 24-A, § 1445(1)(D) — 3 cases
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “§ 1445(1)(A)-(C) (2012), which provide for an insurer’s responsibilities with respect to its “appointed producers” (emphasis added), the fourth paragraph, the statute at issue here, section 1445(1)(D), makes an insurer accountable for “the actions of its producers.”
Lane v. Kofman, 765 F. Supp. 2d 61 (D. Me. 2011). “2 Unlike the petition in Arcadian, which invoked 24-A M.R.S.A. § 1445(1)(D), the Lane Petition clearly invokes a section of the Maine Producer Licensing Act, 24-A M.”
Bankers Life & Cas. Co. v. Superintendent of Ins. (Me. Super. Ct 2012). “Vicarious Liability ofBankers Life In a pre-hearing ruling, the Superintendent ordered that Bankers Life would be responsible for Mr. Juliano's misconduct, pursuant to 24-A M.”
— Me. Rev. Stat. tit. 24-A, § 1445(1)(D)(2012) — 1 case
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “§ 1445(1)(A)-(C) (2012), which provide for an insurer’s responsibilities with respect to its “appointed producers” (emphasis added), the fourth paragraph, the statute at issue here, section 1445(1)(D), makes an insurer accountable for “the actions of its producers.”
— Me. Rev. Stat. tit. 24-A, § 1445(2) — 1 case
Bankers Life & Cas. Co. v. Superintendent of Ins. (Me. Super. Ct 2012). “Vicarious Liability ofBankers Life In a pre-hearing ruling, the Superintendent ordered that Bankers Life would be responsible for Mr. Juliano's misconduct, pursuant to 24-A M.”
— Me. Rev. Stat. tit. 24-A, § 1445(3) — 1 case
Guarantee Trust Life Ins. Co. v. Superintendent of Ins., 2013 ME 102 (Me. 2013). “§ 1445(1)(A)-(C) (2012), which provide for an insurer’s responsibilities with respect to its “appointed producers” (emphasis added), the fourth paragraph, the statute at issue here, section 1445(1)(D), makes an insurer accountable for “the actions of its producers.”
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