Maine's insurance regulator wants auto insurers to tighten up how they handle excluded driver endorsements – or be prepared to prove they have.
Superintendent of Insurance Robert L. Carey signed Bulletin 491 on March 12, 2026, laying out the state's expectations for compliance with the excluded driver provisions under the Maine Automobile Insurance Cancellation Control Act. The bulletin does not create new rules, but it puts carriers on notice that the Bureau of Insurance is paying attention to how they manage the process.
At issue is a provision in state law that allows insurers to exclude specific, named drivers from private passenger auto policies. The mechanism exists as an alternative to outright cancellation or nonrenewal – a way for a carrier to keep a policy in force while removing the risk posed by a particular individual. It is not, however, a tool insurers can use loosely.
The bulletin spells out five conditions that must all be met before a driver exclusion is valid. The exclusion must serve the purpose of avoiding cancellation or nonrenewal and must be agreed to in writing by both the policyholder and the insurer. The carrier must also be able to show that the excluded driver did something that would have justified cancellation or nonrenewal under the relevant sections of state law. The exclusion itself must be documented through an endorsement that has been filed with and approved by the Bureau, signed by both the insurer and the policyholder. And any excluded driver must appear on the policyholder's evidence of insurance or financial responsibility.
One detail worth flagging for agents and underwriters: the endorsement form must include a notice warning policyholders that if the excluded individual is under 18, the policyholder can still be held liable under state law for that minor's negligence. The policy will not cover the policyholder for that exposure. It is a gap that could easily catch a policyholder off guard if not explained clearly at the point of sale.
The Bureau also recommended, though did not require, that the insurer or policyholder obtain an acknowledgement signature from the excluded driver – a step that could offer an added layer of protection in the event of a dispute.
Perhaps the most telling part of the bulletin is its closing expectation. The Bureau said it expects carriers subject to the Act to have appropriate rules, procedures, staff training, and documentation in place that demonstrate compliance. That language suggests the regulator may look beyond paperwork and evaluate whether insurers have built a real compliance infrastructure around this process.
For carriers writing personal auto in Maine, the message is straightforward. The law has been on the books, the requirements are not new, and the regulator expects the industry to demonstrate it is treating them accordingly.
