Insurance Bad Faith Demand Letter - Maine
INSURANCE BAD FAITH DEMAND LETTER
State of Maine
[LAW FIRM LETTERHEAD]
SETTLEMENT COMMUNICATION — FOR RESOLUTION PURPOSES ONLY
EVIDENTIARY USE SUBJECT TO ME. R. EVID. 408 AND, WHERE APPLICABLE, FED. R. EVID. 408
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]
Date: [__/__/____]
[INSURANCE COMPANY NAME]
[________________________________]
[________________________________]
[City], [State] [Zip]
Attention: [________________________________], [________________________________]
Re: FORMAL DEMAND — BAD FAITH / BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING — MAINE LAW
Insured / Claimant (our client): [________________________________]
Other injured person, if this involves a third-party claim: [________________________________]
Policy Number: [________________________________]
Claim Number: [________________________________]
Date of Loss: [__/__/____]
Policy Limits: $[________________________________]
Response Deadline: [__/__/____] at 5:00 p.m. Eastern Time
Dear [________________________________]:
I. INTRODUCTION AND NATURE OF DEMAND
This firm represents [INSURED / CLAIMANT NAME] ("our client"), an insured under the above policy, in connection with the above-referenced insurance claim. This letter constitutes a formal demand for payment of policy benefits wrongfully withheld and serves as notice of [________________________________] (the "Company" or "[CARRIER SHORT NAME]") breach of its implied covenant of good faith and fair dealing under Maine law, as well as the statutory claim-handling concerns stated below and the Company's express contractual obligations. A Maine UTPA claim is asserted only if the separate requirements in Section II.F are met. If the person seeking payment is only a third-party claimant and is not an insured of this Company, do not assert that person's § 2436-A private action in this letter.
This is a time-limited demand. The Company has until [__/__/____] to tender the full amount of $[________________________________] and resolve all claims arising from this loss. Failure to do so will result in litigation seeking all available remedies, including consequential damages, statutory interest at 1.5% per month, attorney fees, and such punitive damages as the evidence may support.
II. MAINE BAD FAITH LAW — GOVERNING FRAMEWORK
Maine's framework for insurer misconduct is distinct from many states and must be understood precisely to assess the Company's exposure in this matter.
A. Implied Covenant of Good Faith and Fair Dealing
Maine law recognizes that every insurance contract includes an implied covenant of good faith and fair dealing. Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644, 648 (Me. 1993). This duty exists regardless of whether the claim involves a first-party or third-party context, and it arises at the time the parties enter the contract — not merely when a claim is made. Id. The rationale for imposing this duty on insurers is "equally applicable and of equal importance when the insured seeks payment of legitimate damages from his own insurance company." Id. (quoting Anderson v. Continental Ins. Co., 271 N.W.2d 368, 375 (Wis. 1978)).
In third-party contexts, the Company's duty of good faith requires it to give equal weight to the insured's interests as to its own when evaluating settlement demands within policy limits. Linscott v. State Farm Mut. Auto. Ins. Co., 368 A.2d 1161, 1163 (Me. 1977).
B. No Independent Bad Faith Tort — Contract Damages
Maine does not recognize an independent tort of bad faith as a separate cause of action from breach of contract. Marquis, 628 A.2d at 652. An insured who proves breach of the implied covenant may seek traditional contract damages, including consequential loss beyond policy limits, subject to foreseeability, avoidability, causation, and reasonable proof. Supported lost profits may qualify. A separate claim under 24-A M.R.S.A. § 2436-A requires proof of that statute's elements.
The Marquis holding: The Law Court vacated the trial judgment and ordered reinstatement of the jury verdict after the trial court had set aside lost-profit damages. It also rejected an independent first-party bad faith tort. Contract damages for a proven breach may include foreseeable consequential loss supported by evidence; policy limits alone do not decide that separate question.
C. Emotional Distress and Punitive Damages — What Is Required
Maine limits emotional distress damages in insurance contract actions. Because insurance contracts are not among the "special" contract types that warrant emotional distress damages absent physical injury, emotional distress damages are generally not available in a contract-only bad faith action. Marquis, 628 A.2d at 651; Colford v. Chubb Life Ins. Co., 687 A.2d 609, 616 (Me. 1996).
However, to recover emotional distress damages and punitive damages, an insured must demonstrate that the insurer committed independently tortious conduct beyond the mere denial of the claim. Colford, 687 A.2d at 616. In the present matter, the Company's conduct — as set forth below — constitutes independently tortious conduct sufficient to support such damages.
D. Punitive Damages Standard — Maine Law
Under Maine law, punitive damages are available where the defendant's conduct was motivated by actual malice — specifically, ill will directed at the plaintiff — or where the conduct was so outrageous that malice may be implied. Tuttle v. Raymond, 494 A.2d 1353, 1360–64 (Me. 1985). Punitive damages must be established by clear and convincing evidence. Id. Any punitive request must rest on an applicable claim and evidence supporting that relief.
The Company's conduct in this matter rises to the level required for punitive damages because [DESCRIBE SPECIFIC AGGRAVATING CONDUCT].
E. Private Civil Action — 24-A M.R.S.A. § 2436-A
In addition to contract remedies, Maine's Unfair Claims Settlement Practices statute, 24-A M.R.S.A. § 2436-A, gives a person injured by actions of that person's own insurer a private civil right of action for the following specific violations. An injured third-party claimant does not gain this claim merely because the tortfeasor holds a policy with the Company:
- (A) Knowingly misrepresenting to an insured pertinent facts or policy provisions relating to coverage at issue
- (B) Failing to acknowledge and review claims within a reasonable time following receipt of written notice
- (C) Threatening to appeal an arbitration award for the sole purpose of compelling acceptance of a lesser settlement
- (D) Failing to affirm or deny coverage, reserving appropriate defenses, within a reasonable time after completing its investigation
- (E) Without just cause, failing to effectuate a prompt, fair, and equitable settlement where liability has become reasonably clear
Remedies under § 2436-A: Damages, costs and disbursements, reasonable attorney fees, and interest at 1.5% per month on damages. 24-A M.R.S.A. § 2436-A(1).
"Without just cause" means refusing to settle without a reasonable basis to contest liability, the amount of damages, or the extent of injuries. 24-A M.R.S.A. § 2436-A(2).
Important distinction: 24-A M.R.S.A. § 2164-D (the regulatory unfair claims practices statute) does not create a private cause of action — only the Superintendent may enforce that provision. § 2164-D(8). The private action is under § 2436-A.
F. Maine Unfair Trade Practices Act — 5 M.R.S.A. § 207
Section 207 prohibits unfair or deceptive conduct in trade or commerce. A private action under § 213(1) requires a purchase or lease of goods, services, or property primarily for personal, family, or household purposes, a resulting loss of money or property, and a § 207 violation. Actual damages, restitution, or appropriate equitable relief may be available; fees and costs follow § 213(2) if a violation is found. The policy's purpose, the conduct, and causation must be established before asserting this claim.
If a private UTPA damages claim is retained, this letter must be mailed or delivered at least 30 days before filing and must identify the claimant and reasonably describe the relied-on practice and injuries as required by § 213(1-A). Any shorter insurance-payment or settlement deadline is separate from that statutory waiting period.
G. Overdue Payment Statute — 24-A M.R.S.A. § 2436
Under 24-A M.R.S. § 2436(1), the ordinary 30-day period runs after proof of loss is received and the loss is ascertained by written agreement or a policy-provided arbitration/appraisal award. A timely written request for reasonable additional information can move the date until 30 days after receipt; standard-fire coverage uses 60 days. Overdue undisputed amounts bear interest at 1.5% per month under subsection (3), and reasonable attorney fees are payable under subsection (4) if overdue benefits are recovered in litigation or paid after notice of attorney representation.
III. POLICY INFORMATION AND COVERAGE
A. Policy Details
| Item | Information |
|---|---|
| Named Insured | [________________________________] |
| Policy Number | [________________________________] |
| Policy Period | [__/__/____] to [__/__/____] |
| Policy Type | [________________________________] |
| Applicable Coverage | [________________________________] |
| Per-Occurrence Limit | $[________________________________] |
| Aggregate Limit (if applicable) | $[________________________________] |
| Deductible | $[________________________________] |
B. Coverage Established
The policy provides coverage for [________________________________]. The loss clearly falls within the policy's insuring agreement, and coverage has been [ACKNOWLEDGED BY THE COMPANY / IS UNDENIABLE UNDER THE FACTS AND POLICY LANGUAGE] for the following reasons:
- The covered peril or trigger is [________________________________]
- The policy was in force on the date of loss
- The covered property / insured person is [________________________________]
- No exclusion applies because [________________________________]
The Company is obligated under Maine law to:
☐ Conduct a thorough, fair, objective, and timely investigation
☐ Evaluate the claim based on full and accurate information
☐ Promptly pay all amounts owed under the policy
☐ Communicate honestly and transparently with its insured
☐ Avoid unreasonable delays in claim handling
☐ Not compel litigation through unreasonable refusal or delay
☐ Give equal consideration to the insured's interests alongside its own
IV. FACTUAL BACKGROUND AND BAD FAITH CHRONOLOGY
A. The Underlying Loss
On [__/__/____], [________________________________].
[DETAILED DESCRIPTION OF THE LOSS OR CLAIM EVENT]
Our client timely reported the claim to the Company on [__/__/____]. From that point forward, the Company has engaged in a pattern of conduct that constitutes breach of its duty of good faith and fair dealing, specific violations of 24-A M.R.S.A. § 2436-A, and, as detailed below, independently tortious conduct justifying emotional distress and punitive damages.
B. Chronological Timeline of Bad Faith Conduct
The following timeline documents the Company's misconduct:
| Date | Event | Contractual / Statutory Violation |
|---|---|---|
| [__/__/____] | Claim reported by our client | Record the notice date; this alone does not start the § 2436 payment period |
| [__/__/____] | Proof of loss received and loss ascertained by written agreement or policy-provided award | Evaluate the § 2436 payment period and any written request for reasonable additional information |
| [__/__/____] | [________________________________] | ☐ § 2436 ☐ § 2436-A(B) ☐ § 2164-D(3)(B) |
| [__/__/____] | [________________________________] | ☐ § 2436 ☐ § 2436-A(A) ☐ § 2164-D(3)(A) |
| [__/__/____] | [________________________________] | ☐ § 2436 ☐ § 2436-A(D) ☐ § 2164-D(3)(F) |
| [__/__/____] | [________________________________] | ☐ § 2436 ☐ § 2436-A(E) ☐ § 2164-D(3)(C) |
| [__/__/____] | [________________________________] | ☐ § 2436 ☐ § 2164-D(3)(J) |
| [__/__/____] | [________________________________] | ☐ [________________________________] |
V. SPECIFIC BAD FAITH CONDUCT
The following specific conduct by [CARRIER SHORT NAME] constitutes breach of the implied covenant of good faith and fair dealing under Marquis and, in certain respects, independently tortious conduct justifying additional remedies under Colford:
A. Bad Faith Investigation
The following investigation omissions require a response from [CARRIER SHORT NAME]. Maine law identifies documented claim files and reasonable investigation in 24-A M.R.S.A. § 2164-D(3)(D)-(E), subject to subsection (2). Specifically:
☐ The Company failed to interview [________________________________], whose statements directly support our client's position
☐ The Company withheld from its own experts the fact that [________________________________]
☐ The Company selectively relied on [________________________________] while ignoring [________________________________]
☐ The Company's investigator, [________________________________], failed to [________________________________]
☐ The Company's examination under oath / recorded statement was used not to investigate but to [________________________________]
☐ [________________________________]
Identify the claim-file records, witness statements, and expert materials supporting each checked allegation. The regulatory standards in § 2164-D do not alone establish a private claim; any requested remedy must meet its own statutory or contractual requirements.
B. Unreasonable Delay
The Company has unreasonably delayed the investigation, evaluation, and payment of this claim in violation of its contractual obligations and Maine law:
☐ [____] days elapsed between written claim notice ([__/__/____]) and the Company's first substantive response ([__/__/____]). Review whether this was a reasonable time under § 2436-A(1)(B). Calculate any § 2436 overdue-payment period separately from the insurer's receipt of proof of loss and ascertainment of the loss.
☐ The Company requested duplicative information — proof of loss and subsequent verification producing no new data — in violation of 24-A M.R.S.A. § 2164-D(3)(I)
☐ The Company failed to provide forms needed to present the claim, with reasonable explanations, within 15 calendar days of request — 24-A M.R.S.A. § 2164-D(3)(K), unless the superintendent has determined an extraordinary catastrophe loss or series of losses.
☐ [________________________________]
☐ [________________________________]
As a direct consequence of this unreasonable delay, our client has suffered:
- [________________________________] (describe financial harm)
- [________________________________] (describe additional damages caused by the delay itself)
C. Misrepresentation of Policy Provisions and Facts — § 2436-A(A)
[CARRIER SHORT NAME] has knowingly misrepresented pertinent facts and policy provisions, triggering the private cause of action under § 2436-A(A):
☐ The Company represented that [________________________________] was excluded under [policy provision], when in fact [________________________________]
☐ The Company represented that our client's claim was worth only $[________________], knowingly understating the damages by [________________________________]
☐ The Company represented that our client was required to [________________________________], a requirement not found in the policy
☐ [________________________________]
D. Failure to Acknowledge and Review Claim — § 2436-A(B)
The Company failed to acknowledge and review this claim within a reasonable time following receipt of written notice. The claim was submitted on [__/__/____]. The Company did not provide a substantive acknowledgment until [__/__/____], a delay of [____] days. Under the circumstances of this claim, a reasonable time for acknowledgment and initial review was [____] days.
E. Failure to Affirm or Deny Coverage — § 2436-A(D)
The Company completed its investigation on approximately [__/__/____] — as evidenced by [________________________________] — but failed to affirm or deny coverage, reserving appropriate defenses, until [__/__/____], a delay of [____] additional days without justification. This violates § 2436-A(D).
F. Failure to Settle Where Liability Is Clear — § 2436-A(E)
Liability under this policy became reasonably clear no later than [__/__/____], when [________________________________]. Since that date, the Company has failed without just cause to effectuate a prompt, fair, and equitable settlement. The Company's only offers to date have been:
| Date | Offer Amount | Documented Value | Shortfall |
|---|---|---|---|
| [__/__/____] | $[________________] | $[________________] | $[________________] |
| [__/__/____] | $[________________] | $[________________] | $[________________] |
Under § 2436-A(2), the Company acts "without just cause" when it refuses to settle without a reasonable basis to contest liability, the amount of damages, or the extent of injuries. The Company has no reasonable basis for its current position because [________________________________].
G. Compelling Litigation Through Unreasonable Conduct
The Company's unreasonable refusal to pay benefits clearly owed has compelled our client to retain legal counsel and, if this demand is rejected, will compel litigation. This conduct is a hallmark of bad faith claims handling and is expressly prohibited by 24-A M.R.S.A. § 2164-D(3). The costs our client has incurred and will incur — including attorney fees, expert costs, and litigation expenses — are directly attributable to the Company's breach.
H. Independently Tortious Conduct (Supporting Emotional Distress and Punitive Damages)
Under Colford v. Chubb Life Ins. Co., 687 A.2d 609, 616 (Me. 1996), emotional distress and punitive damages require proof of "independently tortious conduct beyond the denial of the claim." The Company's conduct here satisfies this standard because:
☐ The Company's investigator made false statements to our client, specifically [________________________________]
☐ The Company engaged in [________________________________], which constitutes [fraud / intentional misrepresentation / negligent misrepresentation]
☐ The Company's agent [________________________________] made defamatory statements about our client to [________________________________]
☐ The Company intentionally [________________________________] with knowledge that it would cause harm to our client
☐ [________________________________]
This conduct gives rise to claims for emotional distress damages and punitive damages under Maine law.
VI. STATUTORY VIOLATIONS — ITEMIZED
A. 24-A M.R.S.A. § 2436 — Overdue Payment
☐ The Company failed to pay the undisputed portion within the applicable period after proof of loss and statutory ascertainment, accounting for any timely written additional-information request — § 2436(1)
☐ The Company failed to provide a written dispute notice with sufficient grounds and detail — § 2436(2)
☐ Statutory interest at 1.5% per month has been accruing since [__/__/____] on the overdue amount of $[________________________________]
☐ Accrued interest through [__/__/____]: $[________________________________]
B. 24-A M.R.S.A. § 2436-A — Unfair Claims Settlement Practices (Private Action)
The Company has committed the following specific violations giving rise to a private cause of action:
☐ (A) Knowingly misrepresenting pertinent facts or policy provisions — [DESCRIBE]
☐ (B) Failing to acknowledge and review the claim within a reasonable time — [DESCRIBE TIMELINE]
☐ (D) Failing to affirm or deny coverage within a reasonable time after completing investigation — [DESCRIBE TIMELINE]
☐ (E) Without just cause, failing to effectuate a prompt, fair, and equitable settlement — [DESCRIBE]
C. 24-A M.R.S.A. § 2164-D — Regulatory Violations (MBI Enforcement)
The Company's conduct constitutes unfair claims practices under § 2164-D subject to MBI regulatory action, including the following:
☐ (3)(A) Knowingly misrepresenting relevant facts or policy provisions to claimants
☐ (3)(B) Failing to acknowledge pertinent written communications with reasonable promptness
☐ (3)(C) Failing to adopt and implement reasonable standards for prompt investigation and settlement
☐ (3)(D) Failing to develop and maintain documented claim files supporting decisions
☐ (3)(E) Refusing to pay claims without conducting a reasonable investigation
☐ (3)(F) Failing to affirm or deny coverage within a reasonable time
☐ (3)(I) Unreasonably delaying investigation or payment
☐ (3)(J) Failing to promptly provide an accurate written explanation for denial or compromise offer
☐ (3)(K) Failing to provide forms needed to present claims, with reasonable explanations, within 15 calendar days of request, subject to the statutory catastrophe exception
☐ (5) Failing to deal in good faith with the insured to resolve claims — general business practice
D. 5 M.R.S.A. § 207 — Maine Unfair Trade Practices Act
☐ The policy or related service was purchased or leased primarily for personal, family, or household purposes: [DETAILS]. The Company's specific unfair or deceptive practice was [DETAILS]. It caused our client's loss of money or property of $[AMOUNT] because [CAUSATION]. If these facts and the Act's application to this conduct are established, our client asserts a claim under 5 M.R.S.A. §§ 207 and 213.
VII. DAMAGES
A. Contract / Policy Benefits
| Category | Amount |
|---|---|
| Policy Benefits Owed | $[________________] |
| Less Amounts Already Paid | ($[________________]) |
| Net Policy Benefits Due | $[________________] |
B. Consequential Damages for Breach of Covenant of Good Faith
Under Marquis, 628 A.2d at 650–51, consequential damages proximately caused by the insurer's breach of the implied covenant are fully recoverable. Our client has suffered the following consequential damages as a direct result of the Company's breach:
| Category | Amount |
|---|---|
| [________________________________] | $[________________] |
| [________________________________] | $[________________] |
| [________________________________] | $[________________] |
| Lost income / business revenues caused by delayed payment | $[________________] |
| Additional financing / borrowing costs incurred due to withheld benefits | $[________________] |
| Professional fees incurred because of the Company's breach | $[________________] |
| Total Consequential Damages | $[________________] |
C. Statutory Interest — 24-A M.R.S.A. § 2436(3)
Overdue Amount: $[________________________________]
Interest Rate: 1.5% per month
Accrual Start Date: [__/__/____]
Accrued Interest through [__/__/____]: $[________________________________]
Continuing at $[____] per day until paid
D. Attorney Fees — 24-A M.R.S.A. § 2436(4) and § 2436-A(1)
Our client is entitled to recovery of reasonable attorney fees under both 24-A M.R.S.A. § 2436(4) (overdue payment) and § 2436-A(1) (unfair claims settlement practices violations). Estimated attorney fees through trial: $[________________________________].
E. Emotional Distress Damages
[IF INDEPENDENTLY TORTIOUS CONDUCT IS ALLEGED: Per Colford, 687 A.2d at 616, emotional distress damages are recoverable where the insurer has committed independently tortious conduct beyond the denial of the claim. As set forth in Section V.H above, the Company's conduct satisfies this standard. Our client has suffered severe emotional distress, including [DESCRIBE: anxiety, depression, insomnia, physical manifestations, medical treatment for emotional distress]. Emotional distress damages claimed: $[________________________________].]
[IF NOT APPLICABLE: Emotional distress damages are not claimed in this matter, as our client's primary remedies are contract and statutory.]
F. Punitive Damages
Under Tuttle v. Raymond, 494 A.2d 1353, 1360–64 (Me. 1985), punitive damages require proof of malice by clear and convincing evidence. The Company's conduct — specifically [________________________________] — constitutes actual malice toward our client [OR: conduct so outrageous that malice may be implied]. Any punitive request depends on the applicable claim and supporting evidence; § 1602-B concerns prejudgment interest.
Punitive damages will be sought at trial in an amount sufficient to punish the Company for its conduct and deter similar conduct in the future.
G. Demand Summary
| Component | Amount |
|---|---|
| Net Policy Benefits Due | $[________________] |
| Consequential Damages | $[________________] |
| Accrued Statutory Interest (through [__/__/____]) | $[________________] |
| Attorney Fees (estimated) | $[________________] |
| Emotional Distress Damages (if applicable) | $[________________] |
| TOTAL SETTLEMENT DEMAND | $[________________] |
Note: Punitive damages are not included in this settlement figure. Our client reserves the right to seek punitive damages at trial.
VIII. FORMAL DEMAND
Based on the foregoing, we hereby demand that [CARRIER SHORT NAME]:
A. Monetary Payment
Tender the sum of $[________________________________] in certified funds or wire transfer, on or before [__/__/____], as full compensation for policy benefits, consequential damages, accrued statutory interest, and attorney fees as itemized above.
B. Additional Non-Monetary Terms
☐ Provide a complete written explanation — citing specific policy provisions — for each item that has been denied or reduced
☐ Certify in writing that no adverse information regarding this claim has been submitted to CLUE, ISO ClaimSearch, or any other insurance industry database that could affect our client's insurability
☐ Execute a complete release of all claims by the Company against our client arising from this loss
☐ [________________________________]
IX. TIME-LIMITED NATURE OF THIS DEMAND
THIS DEMAND EXPIRES AT 5:00 P.M. EASTERN TIME ON [__/__/____].
This is a time-limited demand. If [CARRIER SHORT NAME] fails to unconditionally accept this demand by the stated deadline:
-
Litigation will be filed immediately in the Superior Court of [________________________________] County, Maine, seeking all available remedies including:
- Full policy benefits with prejudgment interest
- All consequential damages proximately caused by the Company's breach — Marquis, 628 A.2d 644
- Statutory interest at 1.5% per month — 24-A M.R.S.A. § 2436(3)
- Reasonable attorney fees — 24-A M.R.S.A. § 2436(4) and § 2436-A(1)
- § 2436-A damages and fees for all enumerated violations
- UTPA relief only if the requirements of 5 M.R.S.A. § 213, including its advance demand rule, are met
- Emotional distress damages (where independently tortious conduct is shown)
- Punitive damages, if an independent basis and the evidence support them — Tuttle v. Raymond
-
This demand will be withdrawn as a settlement offer, and our client will seek all available damages supported by the claim and evidence.
-
Regulatory complaints will be filed with:
- Maine Bureau of Insurance (MBI), 34 State House Station, Augusta, ME 04333-0034, Tel: (207) 624-8475
-
Media and public disclosure of the Company's claims practices may be pursued to the extent permitted by law and professional conduct rules.
X. DOCUMENT PRESERVATION NOTICE — LITIGATION HOLD
This letter constitutes formal notice to [CARRIER SHORT NAME] and all of its officers, directors, employees, agents, and outside counsel to immediately preserve all documents, electronically stored information (ESI), and tangible evidence relating to this claim or our client, including but not limited to:
- The complete claim file in all versions, including all prior drafts, handwritten notes, and electronic records
- All adjuster notes, field diaries, telephone logs, and activity logs
- All internal communications (email, voicemail, text messages, instant messages, internal memoranda) regarding this claim or our client
- All reserve information and reserve change documentation, including supervisor approvals
- All expert reports, consultant communications, and evaluations
- All surveillance footage, photographs, or videos of our client or the subject property
- All claims handling guidelines, manuals, best practices documents, and training materials in effect at the time of this claim
- All quality assurance, compliance, or audit reports related to this claim or similar claims
- All communications with reinsurers regarding this claim
- All documents relating to the Company's evaluation of the likelihood of litigation
Destruction, alteration, or concealment of any such materials following receipt of this notice will constitute spoliation of evidence under Maine law, giving rise to adverse inference instructions and such other sanctions as the court may impose.
XI. CONCLUSION
Maine insurance contracts carry an implied duty of good faith and fair dealing. Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644 (Me. 1993). A proven breach may support contract damages, including supported consequential loss; statutory interest and fees require their own statutory conditions.
[CARRIER SHORT NAME] stands at a crossroads. It can fulfill its obligations now — by paying what is owed, with the statutory interest and fees that have accrued — or it can force litigation, in which the Company will face not only the policy benefits and consequential damages documented above, but also attorney fees, statutory interest, and the potential for punitive damages where the evidence supports a finding of malice.
We strongly encourage the Company to use this opportunity to resolve this matter fairly, consistent with its obligations under Maine law.
Please direct all communications to the undersigned.
Respectfully submitted,
[LAW FIRM NAME]
By: ___________________________________
[________________________________]
Maine Bar No. [____]
[________________________________]
[________________________________], ME [________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]
Counsel for [________________________________]
ENCLOSURES:
☐ Policy declarations page and relevant provisions
☐ Claim correspondence chronology
☐ Proof of loss and supporting documentation
☐ Expert reports and damage documentation
☐ Evidence of independently tortious conduct (if applicable)
☐ Documentation of consequential damages
☐ Attorney fee summary
CC:
☐ [________________________________] (Client)
☐ Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034 (if complaint filed simultaneously)
MAINE BAD FAITH / INSURER MISCONDUCT — QUICK REFERENCE
| Element | Maine Law / Authority |
|---|---|
| Implied Covenant | Every insurance contract — Marquis, 628 A.2d 644 (Me. 1993) |
| Independent Bad Faith Tort | NOT recognized — remedies are contractual + statutory |
| Consequential Damages | Foreseeable, proven contract loss may be recoverable beyond policy benefits — Marquis |
| Emotional Distress Damages | Requires independently tortious conduct beyond denial — Colford, 687 A.2d 609 (Me. 1996) |
| Punitive Damages Standard | Malice; clear and convincing evidence — Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985) |
| Prejudgment Interest | 14 M.R.S.A. § 1602-B (separate from any punitive-damages request) |
| Private Action — Specific Violations | 24-A M.R.S.A. § 2436-A — damages + fees + 1.5%/mo interest |
| § 2436-A Triggers | Knowing misrepresentation; failure to acknowledge; failure to affirm/deny; failure to settle |
| Regulatory Enforcement Only | 24-A M.R.S.A. § 2164-D — no private cause of action (§ 2164-D(8)) |
| Overdue Payment Interest | 1.5% per month — 24-A M.R.S.A. § 2436(3) |
| Payment Deadline — General | 30 days after proof of loss and written ascertainment or policy award, subject to statutory exceptions — § 2436(1) |
| Payment Deadline — Fire | 60-day period subject to § 2436(1) conditions — § 2436(1)(A) |
| Attorney Fees — Overdue Claim | Yes — 24-A M.R.S.A. § 2436(4) |
| Attorney Fees — § 2436-A | Yes — 24-A M.R.S.A. § 2436-A(1) |
| UTPA Private Action | Personal/family/household purchase and resulting loss required — 5 M.R.S.A. §§ 207 & 213 |
| Fire-policy suit deadline | Standard fire policy: within 2 years after inception of loss — 24-A M.R.S.A. § 3002(1); verify applicable policy and coverage |
| General contract limitation | 6-year default — 14 M.R.S.A. § 752, subject to a governing policy or statutory suit limitation |
| Good Faith — Third Party | Equal consideration of insured's interest — Linscott, 368 A.2d 1161 (Me. 1977) |
| Maine Bureau of Insurance | 34 State House Station, Augusta, ME 04333-0034; (207) 624-8475 |
| MBI Website | maine.gov/pfr/insurance |
SOURCES AND REFERENCES
- Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644 (Me. 1993): https://law.justia.com/cases/maine/supreme-court/1993/628-a-2d-644-0.html (mirror; official online archive begins in 2006)
- Colford v. Chubb Life Ins. Co., 687 A.2d 609 (Me. 1996) — emotional distress / punitive damages threshold
- Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985) — punitive damages; malice; clear and convincing evidence
- Linscott v. State Farm Mut. Auto. Ins. Co., 368 A.2d 1161 (Me. 1977) — third-party good faith duty
- Curtis v. Allstate Ins. Co., 2002 ME 9, 787 A.2d 760 — UTPA / loss of money requirement
- Chiapetta v. Lumbermens Mut. Ins. Co., 583 A.2d 198 (Me. 1990) — good faith; fire claim procedures
- Maine Legislature — 24-A M.R.S.A. § 2436-A: https://legislature.maine.gov/statutes/24-a/title24-Asec2436-A.html
- Maine Legislature — 24-A M.R.S.A. § 2436: https://legislature.maine.gov/statutes/24-a/title24-Asec2436.html
- Maine Legislature — 24-A M.R.S.A. § 2164-D: https://www.mainelegislature.org/legis/statutes/24-a/title24-Asec2164-D.html
- Maine Legislature — 5 M.R.S.A. § 207: https://www.mainelegislature.org/legis/statutes/5/title5sec207.html
- Maine Legislature — 14 M.R.S.A. § 752: https://www.mainelegislature.org/legis/statutes/14/title14ch205.pdf
- ALFA International Maine Insurance Law Compendium: https://www.alfainternational.com/compendium/insurance-law/maine/
- United Policyholders — Insurance Consumer Rights in Maine: https://uphelp.org/claim-guidance-publications/insurance-consumer-rights-in-maine-2022/
- Maine Bureau of Insurance: https://www.maine.gov/pfr/insurance
About this template
- Last updated
- November 9, 2026
- Jurisdiction
- Maine
- Category
- Demand Letters
Legal authority
- 24-A M.R.S.A. § 2436-A (Unfair claims settlement practices — private civil action; enumerated violations; attorney fees; 1.5%/month interest)
- 24-A M.R.S.A. § 2436 (Interest on overdue payments — 30-day general / 60-day fire; 1.5%/month; attorney fees)
- 24-A M.R.S.A. § 2164-D (Unfair claims practices — regulatory enforcement by MBI Superintendent; no private cause of action)
- 5 M.R.S.A. § 207 (Maine Unfair Trade Practices Act — applicability must be established for the specific claim)
- 5 M.R.S.A. § 213 (UTPA — private right of action; actual damages, costs, attorney fees)
- 14 M.R.S.A. § 752 (General six-year statute of limitations)
- 14 M.R.S.A. § 1602-B (Prejudgment interest)
- Marquis v. Farm Family Mut. Ins. Co., 628 A.2d 644 (Me. 1993) (implied covenant of good faith in every insurance contract; consequential damages; no independent bad faith tort)
- Chiapetta v. Lumbermens Mut. Ins. Co., 583 A.2d 198 (Me. 1990) (good faith obligation; fire claim procedures)
- Colford v. Chubb Life Ins. Co., 687 A.2d 609 (Me. 1996) (emotional distress and punitive damages require independently tortious conduct beyond denial of claim)
- Linscott v. State Farm Mut. Auto. Ins. Co., 368 A.2d 1161 (Me. 1977) (good faith duty in third-party settlement)
- Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985) (punitive damages — malice required; clear and convincing evidence)
- Curtis v. Allstate Ins. Co., 2002 ME 9, 787 A.2d 760 (UTPA — loss of money or property required)
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
24-A M.R.S.A. § 2436-A(1) (checked November 9, 2026): "A person injured by any of the following actions taken by that person's own insurer may bring a civil action"
24-A M.R.S.A. § 2436-A(3) (checked November 7, 2026): "Nothing in this section prohibits any other claim or cause of action a person has against an insurer."
24-A M.R.S.A. § 2164-D(3)(K) (checked November 5, 2026): "Failing to provide forms, accompanied by reasonable explanations for their use, necessary to present claims within 15 calendar days of such a request."
24-A M.R.S.A. § 2436-A(1)(B) (checked November 5, 2026): "Failing to acknowledge and review claims, which may include payment or denial of a claim, within a reasonable time following receipt of written notice by the insurer of a claim by an insured arising under a policy;"
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