APPROVED CHAPTER
JUNE 26, 2023 313
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 504 - L.D. 1223
An Act to Clarify Insurance in the Joint Use of Public Utility Equipment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §2524, sub-§3 is enacted to read:
3. Insurance requirements. The owner of a shared-use pole may require a
municipality, as a condition of the municipality's attachment to the owner's shared-use pole,
to purchase and maintain a general liability insurance policy meeting the pole owner's
insurance requirements. The pole owner may not require that the general liability insurance
have a coverage limit in excess of $5,000,000 per occurrence. In accordance with Title 14,
section 8116, if the limits provided in the insurance policy are in excess of the limit imposed
by Title 14, section 8105, the limits in the policy will replace the limit imposed by Title 14,
section 8105 and if the insurance policy provides coverage in areas where the municipality
is immune, the municipality is liable in those substantive areas but only to the limits of the
insurance coverage.
This subsection is repealed October 1, 2028.
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Statutes affected:
Bill Text LD 1223, SP 504: 35-A.711