Maine Revised Statutes

Me. Rev. Stat. tit. 24-A, § 2436 (2026)

Interest on overdue payments

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  A claim for payment of benefits under a policy or certificate of insurance delivered or issued for delivery in this State is payable within 30 days after proof of loss is received by the insurer and ascertainment of the loss is made either by written agreement between the insurer and the insured or beneficiary or by filing with the insured or beneficiary of an award by arbitrators as provided for in the policy. For purposes of this section, "insured or beneficiary" includes a person to whom benefits have been assigned. A claim that is neither disputed nor paid within 30 days is overdue. If, during the 30 days, the insurer, in writing, notifies the insured or beneficiary that reasonable additional information is required, the undisputed claim is not overdue until 30 days following receipt by the insurer of the additional required information; except that:  
A. The time period applicable to a standard fire policy and to that portion of a policy providing a combination of coverages, as described in section 3003, insuring against the peril of fire must be 60 days, as provided in section 3002; and   [PL 2009, c. 244, Pt. H, §1 (NEW).]
B. The time period applicable to individual life insurance must be 2 months as provided in section 2513.   [PL 2009, c. 244, Pt. H, §1 (NEW).]
[PL 2009, c. 244, Pt. H, §1 (AMD).]
1-A.  A claimant, including a health care provider, may submit simultaneously a claim for payment with all carriers potentially liable for payment of the claim whether primary or secondary. Payment or denial of a claim by each carrier must be made within 30 calendar days after the carrier has received all information needed to pay or deny the claim whether or not another carrier with which it is attempting to coordinate has acted on the claim. Upon request by a health care provider, a carrier shall provide the health care provider a method for making a claims payment using an electronic funds transfer through the automated clearinghouse network. Any payment made must be in accordance with rules adopted by the superintendent relative to coordination of benefits. For the purposes of this subsection, "health care provider" includes a person licensed to provide dental care services under Title 32, chapter 143, subchapter 3 and "carrier" includes an insurer that provides dental insurance.  
[PL 2025, c. 300, §1 (AMD).]
2.  An insurer may dispute a claim by furnishing to the insured or beneficiary, or a representative of the insured or beneficiary, a written statement that the claim is disputed with a statement of the grounds upon which it is disputed. The statement must be based upon a reasonable investigation of the claim and must include sufficient detail to permit the insured or beneficiary to understand and respond to the insurer's position. For purposes of this subsection, a claim for payments under a policy or certificate providing health care coverage is disputed if the insurer has denied the claim or has requested further information that is consistent with Bureau of Insurance Rule Chapter 850.  
[PL 1999, c. 256, Pt. I, §1 (AMD).]
2-A.  For a claim submitted by a health care provider or health care facility with respect to a carrier as defined in section 4301‑A, subsection 3, for purposes of this section, a timely claim for payment of covered health care expenses must be submitted to a carrier in conformity with the requirements for standardized claim forms set forth in section 2753.  
A. [PL 2023, c. 332, §1 (RP).]
[PL 2023, c. 332, §1 (AMD).]
2-B.  If a claim does not conform to the requirements specified in subsections 2‑A and 2‑C and payment is denied to a health care provider or health care facility by a carrier, the health care provider or health care facility may not request payment from the insured or beneficiary and shall attempt to rectify the deficiencies with the claim and resubmit the claim to the carrier.  
[PL 2023, c. 332, §2 (AMD).]
2-C.  For a claim submitted by a health care provider or health care facility with respect to a carrier as defined in section 4301‑A, subsection 3, for purposes of this section, "undisputed claim" means a manually or electronically submitted claim from a health care provider or health care facility that:  
A. Contains all the required data elements necessary for accurate adjudication without the need for additional information;   [PL 2023, c. 332, §3 (NEW).]
B. Is not materially deficient or improper, including lacking substantiating documentation required by the carrier; and   [PL 2023, c. 332, §3 (NEW).]
C. Has no particular or unusual circumstances requiring special treatment that prevent payment from being made by the carrier.   [PL 2023, c. 332, §3 (NEW).]
[PL 2023, c. 332, §3 (NEW).]
3.  If an insurer fails to pay an undisputed claim or any undisputed part of the claim when due, the amount of the overdue claim or part of the claim bears interest at the rate of 1 1/2% per month after the due date. Notwithstanding this subsection, the superintendent shall adopt rules that establish a minimum amount of interest payable on an overdue undisputed claim to a health care provider before a payment must be issued. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.  
[PL 2005, c. 50, §1 (AMD).]
4.  A reasonable attorney's fee for advising and representing a claimant on an overdue claim or action for an overdue claim must be paid by the insurer if overdue benefits are recovered in an action against the insurer or if overdue benefits are paid after receipt of notice of the attorney's representation.  
[PL 1999, c. 256, Pt. I, §1 (AMD).]
5.  Nothing in this section prohibits or limits any claim or action for a claim that the claimant has against the insurer.  
[PL 1999, c. 256, Pt. I, §1 (AMD).]
6.  This section does not apply to a claim for payment of benefits under a policy or certificate of long-term care insurance delivered or issued for delivery in this State.  
[PL 2013, c. 278, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 480 (NEW). PL 1975, c. 157 (AMD). PL 1975, c. 321 (AMD). PL 1977, c. 357 (RPR). PL 1987, c. 344 (RPR). PL 1999, c. 256, §I1 (AMD). PL 2001, c. 569, §1 (AMD). PL 2003, c. 218, §§3, 4 (AMD). PL 2003, c. 469, Pt. D, §4 (AMD). PL 2003, c. 469, Pt. D, §9 (AFF). PL 2005, c. 50, §1 (AMD). PL 2005, c. 58, §1 (AMD). PL 2009, c. 244, Pt. H, §1 (AMD). PL 2009, c. 613, §§9, 10 (AMD). PL 2013, c. 278, §1 (AMD). PL 2023, c. 232, §1 (AMD). PL 2023, c. 332, §§1-3 (AMD). PL 2025, c. 300, §1 (AMD).
Notes of Decisions
Cited in 40 cases (8 in the last 5 years), 1979–2025 · leading case: Wayne v. Farm Fam. Mut. Ins., 628 A.2d 644 (Me. 1993).
Wayne v. Farm Fam. Mut. Ins., 628 A.2d 644 (Me. 1993). · cites it 4× “Procedural History The plaintiffs’ amended complaint contained six counts: (I) breach of contract by Farm Family; (II) statutory interest and attorney fees, pursuant to the late payment *647 of claims statute, 24-A M.R.S.A. § 2436, from Farm Family; (III) breach of fiduciary…”
Curtis v. Allstate Ins., 2002 ME 9 (Me. 2002). · cites it 4× “§ 2436-A (2000), and violated the late pay statute, 24-A M.R.S.A. § 2436 (2000), and (2) a genuine issue of material fact exists as to the fraud, Unfair Trade Practices Act, 6 M.”
Depositors Trust Co. v. Farm Fam. Life Ins. Co., 445 A.2d 1014 (Me. 1982). · cites it 6× “The Superior Court denied plaintiff’s motion for penalty interest and attorney fees under 24-A M.R.S.A. § 2436 (Supp.1981), and plaintiff appeals.”
Merrimon v. Unum Life Ins. Co. of Am., 845 F. Supp. 2d 310 (D. Me. 2012). · cites it 6× “This case comes before the Court on the Plaintiffs’ motion for partial summary judgment regarding Unum’s liability for: (1) breach of plan provisions and fiduciary duty under ERISA, (2) breach of contract, and (3) breach of Maine’s late payment statute, 24-A M.R.S.A. § 2436…”
Chiapetta v. Lumbermens Mut. Ins., 583 A.2d 198 (Me. 1990). · cites it 4× “Chiapetta’s initial complaint sought recovery under the insurance policy on a breach of contract theory, interest and attorney fees under the late payment statute, 24-A M.R.S.A. § 2436 (1990), and consequential damages.”
Maine Mut. Fire Ins. v. Watson, 532 A.2d 686 (Me. 1987). · cites it 3× “Further, the Plaintiff insurer claims that the insured was not entitled to a recovery for sanctions pursuant to 24-A M.R.S.A. § 2436 (Supp.1986) because the claim was paid by the insured in a timely manner.”
LaMarche v. Metro. Life Ins., 236 F. Supp. 2d 50 (D. Me. 2002). · cites it 5× “§ 2436-A for “unfair claims settlement practices”; and (6) Damages, interest and fees pursuant to 24-A M.R.SA. § 2436 for “interest on overdue payments.”
Cnty. Forest Prods., Inc. v. Green Mountain Agency, Inc., 2000 ME 161 (Me. 2000). · cites it 2× “The court allowed County Forest to add count VII, an unfair claims practice count, pursuant to 24-A M.R.S.A. § 2436 (1990), amended by P.”
Burne v. John Hancock Mut. Life Ins., 403 A.2d 775 (Me. 1979). · cites it 3× “John Hancock had refused, but not within sixty days of notification of the loss, to pay the Bank the unpaid balance of the mortgage because it then claimed to have a basic defense to the policy 2 and thus denied any liability under the interest and attorney’s fee segments of…”
Anderson v. Virginia Sur. Co., Inc., 985 F. Supp. 182 (D. Me. 1998). · cites it 3× “6 Plaintiffs’ Second Amended Complaint contains claims for declaratory judgment (Count I), breach of contract (Count II), breach of the covenant of good faith and fair dealing (Count III), contribution (Count IV), 7 and violations of Maine’s Late Payment statute, 24-A M.R.S.A. §…”
Saucier v. Allstate Ins., 1999 ME 197 (Me. 1999). · cites it 2× “35 pursuant to the provisions of his policy with Allstate; 5 the undisputed portion of his claim plus interest as provided in the late payment statute, 24-A M.R.S.A. § 2436; and, alleging that Allstate knowingly misrepresented the extent of his coverage, damages, interest,…”
Seabury Hous. Assocs. v. Home Ins., 695 F. Supp. 1244 (D. Me. 1988). · cites it 3× “Home has itself moved for summary judgment against Sea-bury and Dunfey, claiming that the policy unambiguously excludes soft costs cover *1246 age, and claiming that Seabury has not introduced sufficient evidence of bad faith to support an action under 24-A M.R.S.A. § 2436 or a…”
— Me. Rev. Stat. tit. 24-A, § 2436(1) — 11 cases
Curtis v. Allstate Ins., 2002 ME 9 (Me. 2002). “§ 2436-A (2000), and violated the late pay statute, 24-A M.R.S.A. § 2436 (2000), and (2) a genuine issue of material fact exists as to the fraud, Unfair Trade Practices Act, 6 M.”
Greenvall v. Maine Mut. Fire Ins., 1998 ME 204 (Me. 1998).
Cnty. Forest Prods., Inc. v. Green Mountain Agency, Inc., 2000 ME 161 (Me. 2000). “The court allowed County Forest to add count VII, an unfair claims practice count, pursuant to 24-A M.R.S.A. § 2436 (1990), amended by P.”
Saucier v. Allstate Ins., 1999 ME 197 (Me. 1999). “35 pursuant to the provisions of his policy with Allstate; 5 the undisputed portion of his claim plus interest as provided in the late payment statute, 24-A M.R.S.A. § 2436; and, alleging that Allstate knowingly misrepresented the extent of his coverage, damages, interest,…”
Anderson v. Virginia Sur. Co., Inc., 985 F. Supp. 182 (D. Me. 1998). “6 Plaintiffs’ Second Amended Complaint contains claims for declaratory judgment (Count I), breach of contract (Count II), breach of the covenant of good faith and fair dealing (Count III), contribution (Count IV), 7 and violations of Maine’s Late Payment statute, 24-A M.R.S.A. §…”
— Me. Rev. Stat. tit. 24-A, § 2436(1)(A) — 1 case
Morin v. State Farm Fire & Cas. Co., 453 F. Supp. 2d 177 (D. Me. 2006).
— Me. Rev. Stat. tit. 24-A, § 2436(1)(E) — 1 case
Weaver v. Blake (Me. Super. Ct 2004).
— Me. Rev. Stat. tit. 24-A, § 2436(2) — 3 cases
Curtis v. Allstate Ins., 2002 ME 9 (Me. 2002). “§ 2436-A (2000), and violated the late pay statute, 24-A M.R.S.A. § 2436 (2000), and (2) a genuine issue of material fact exists as to the fraud, Unfair Trade Practices Act, 6 M.”
Anderson v. Virginia Sur. Co., Inc., 985 F. Supp. 182 (D. Me. 1998). “6 Plaintiffs’ Second Amended Complaint contains claims for declaratory judgment (Count I), breach of contract (Count II), breach of the covenant of good faith and fair dealing (Count III), contribution (Count IV), 7 and violations of Maine’s Late Payment statute, 24-A M.R.S.A. §…”
— Me. Rev. Stat. tit. 24-A, § 2436(3) — 1 case
LaMarche v. Metro. Life Ins., 236 F. Supp. 2d 50 (D. Me. 2002). “§ 2436-A for “unfair claims settlement practices”; and (6) Damages, interest and fees pursuant to 24-A M.R.SA. § 2436 for “interest on overdue payments.”
— Me. Rev. Stat. tit. 24-A, § 2436(4) — 1 case
— Me. Rev. Stat. tit. 24-A, § 2436(A)(1)(A) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.