State guide · Northeast
Maine subrogation law guide
A claimant found equally or more at fault than the defendants recovers nothing. Otherwise the jury reduces damages by the amount it considers just and equitable given the claimant's share of responsibility.
Maine at a glanceME
- Property damage
- 6 years
- Bodily injury
- 6 years
- Fault rule
- Modified, 50% bar
- Gov. notice
- 365 days
Overview
Maine gives subrogation teams more time than any other state in this group: 14 M.R.S. § 752 sets a 6-year period for nearly every civil action, including property damage, bodily injury, product liability and contract claims. Fault is modified comparative under 14 M.R.S. § 156: a claimant found equally at fault recovers nothing, and otherwise the jury reduces damages by the amount it considers just and equitable rather than by a strict percentage. Maine retains joint and several liability, so a solvent defendant can be held for the full award. The long clock does not apply to public entities: the Maine Tort Claims Act requires notice within 365 days for claims accruing since 2020 and suit within 2 years, and immunity applies outside listed exceptions. Landlord fire claims face North River Ins. Co. v. Snyder, which bars a landlord's insurer from subrogating against a tenant absent an express lease agreement. The Oceanside economic loss rule bars recovery for a product's damage to itself. Medical payments subrogation is limited by 24-A M.R.S. § 2910-A and the common fund rule of York Ins. Group v. Van Hall, and no reported Maine appellate decision applies made-whole to property subrogation.
Quick reference with citations
- Property damage SOL
- 6 years
- 14 M.R.S. § 752 (general 6-year period for civil actions)
- Bodily injury SOL
- 6 years
- 14 M.R.S. § 752
- Product liability
- 6 years (14 M.R.S. § 752); Maine has no product statute of repose. Warranty claims for property damage follow the UCC's 4-year period (11 M.R.S. § 2-725).
- Written contract
- 6 years
- Contract and indemnity recoveries
- Comparative fault rule
- Modified, 50% bar
- 14 M.R.S. § 156
- Government notice of claim
- 365 days
- Maine Tort Claims Act: written notice to the governmental entity within 365 days after the claim accrues for claims accruing on or after January 1, 2020 (180 days for earlier claims), with later filing allowed only for good cause (14 M.R.S. § 8107). Suit must be filed within 2 years (14 M.R.S. § 8110), and claims against the State also go to the Attorney General. Immunity applies outside listed exceptions such as vehicle operation and public buildings (14 M.R.S. § 8104-A).
Fault rule in practice
How Maine's rule changes a $50,000 recovery.
A claimant found equally or more at fault than the defendants recovers nothing. Otherwise the jury reduces damages by the amount it considers just and equitable given the claimant's share of responsibility.
Authority: 14 M.R.S. § 156
| Insured's share of fault | Recoverable in ME | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | Barred | $25,000 |
| 60% | Barred | $20,000 |
Doctrines that move the number
Maine doctrine checklist.
Made-whole doctrine
No Maine appellate decision applies the made-whole doctrine to property subrogation. The Law Court has favored full satisfaction of the insured before subrogation attaches in the uninsured motorist setting (Wescott v. Allstate Ins. Co., 397 A.2d 156 (Me. 1979)). For medical payments coverage, 24-A M.R.S. § 2910-A limits policy subrogation and requires a pro rata deduction for the insured's attorney fees, although an insurer may proceed directly against the responsible party.
Economic loss doctrine
Oceanside at Pine Point Condominium Owners Ass'n v. Peachtree Doors, Inc., 659 A.2d 267 (Me. 1995) bars tort recovery for a defective product's damage to itself. Maine state courts have applied the rule mainly to products, while federal courts in Maine have extended it to some professional service contracts.
Joint and several liability
Maine retains joint and several liability: each defendant found liable answers to the plaintiff for the full damages under 14 M.R.S. § 156, with contribution claims among defendants. That favors carriers when a solvent defendant shares fault with an uninsured contractor.
Anti-subrogation and waiver
Absent an express lease agreement, a landlord's insurer has no right of subrogation against a negligent tenant (North River Ins. Co. v. Snyder, 804 A.2d 399 (Me. 2002)). A carrier cannot subrogate against its own insured.
Practice notes
Working Maine subrogation files.
- 1
Six years is not a reason to wait. Witness memories, failed components and restoration photos degrade long before 14 M.R.S. § 752 runs, and public entity claims follow a different clock entirely: 365-day notice under § 8107 and suit within 2 years under § 8110. When a town plow, school bus or municipal water main appears in the loss notes, move that file to the front of the queue regardless of the general 6-year date.
- 2
Fault math example: a fictional Portland, Maine restaurant suffers a $120,000 fire traced to a contractor's torch work, and the insured is found partly at fault for storing cooking oil near the work area. If the jury finds the insured equally at fault, recovery is zero. At lesser fault the jury reduces the award by what it considers just; a 25% reduction leaves $90,000, collectible in full from any jointly liable defendant.
- 3
Before pursuing a tenant for fire damage, read the lease. Under North River v. Snyder, a landlord's carrier cannot subrogate against a tenant unless the lease expressly addresses the tenant's liability for the loss. Commercial leases that place fire risk on the tenant and require tenant property coverage are the usual path to a viable claim, so request the full lease and any amendments with the first contact.
- 4
Medical payments recovery follows 24-A M.R.S. § 2910-A and York Ins. Group of Maine v. Van Hall: when the carrier recovers out of the insured's settlement, the insured may deduct a pro rata share of attorney fees under the common fund rule. A claim asserted directly against the responsible party is not subject to that deduction under the statute, so decide early whether to pursue it on the carrier's own behalf.
- 5
Ishqkala sets a 2,190-day Maine alert for most private-party claims but overrides it with a 365-day notice alert and a 730-day suit alert when a governmental entity appears in the narrative. Because Maine retains joint and several liability, the scoring model values collectibility against the deepest-pocket liable defendant rather than discounting each defendant to its allocated share.
Key cases
North River Ins. Co. v. Snyder
804 A.2d 399 (Me. 2002)
Held that when a lease contains no express agreement on the tenant's liability for a negligently caused fire, the landlord's insurer may not proceed against the tenant as subrogee.
Oceanside at Pine Point Condominium Owners Ass'n v. Peachtree Doors, Inc.
659 A.2d 267 (Me. 1995)
Adopted the economic loss doctrine in Maine, barring tort recovery for a defective product's damage to itself, inadequate value or repair costs absent personal injury or damage to other property.
York Ins. Group of Maine v. Van Hall
704 A.2d 366 (Me. 1997)
Applied the common fund doctrine to medical payments reimbursement, allowing the insured to deduct a proportionate share of attorney fees from the amount owed to the subrogated insurer.
Inter-company arbitration
Maine auto physical damage disputes between signatory carriers go to Arbitration Forums, Inc., compulsory up to $100,000 in total company-paid damages. The long limitation period means most AF filings are timely, but joint and several liability is worth raising as an affirmative pleading: AF rules list it among the doctrines that can change how damages are awarded. In the Property Forum, a party that took part in the original hearing may appeal a decision when total company-paid damages are $10,000 or more.
How Ishqkala applies this guide
ME rules, built into every score.
- Opportunities with a Maine loss state are calendared against the 6 years property damage period or the 6 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under modified, 50% bar before recoverable dollars are scored.
- Files involving a public entity get a 365-day notice deadline that outranks the general SOL in the priority queue.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
FAQ
Maine subrogation FAQ
6 years (14 M.R.S. § 752 (general 6-year period for civil actions)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Modified, 50% bar (14 M.R.S. § 156). A claimant found equally or more at fault than the defendants recovers nothing. Otherwise the jury reduces damages by the amount it considers just and equitable given the claimant's share of responsibility.
Maine Tort Claims Act: written notice to the governmental entity within 365 days after the claim accrues for claims accruing on or after January 1, 2020 (180 days for earlier claims), with later filing allowed only for good cause (14 M.R.S. § 8107). Suit must be filed within 2 years (14 M.R.S. § 8110), and claims against the State also go to the Attorney General. Immunity applies outside listed exceptions such as vehicle operation and public buildings (14 M.R.S. § 8104-A).
No Maine appellate decision applies the made-whole doctrine to property subrogation. The Law Court has favored full satisfaction of the insured before subrogation attaches in the uninsured motorist setting (Wescott v. Allstate Ins. Co., 397 A.2d 156 (Me. 1979)). For medical payments coverage, 24-A M.R.S. § 2910-A limits policy subrogation and requires a pro rata deduction for the insured's attorney fees, although an insurer may proceed directly against the responsible party.
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