reglab/housing_qa huggingface dataset:
MD. Insurance Code Ann. §  3-222 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 2 - Reciprocal Insurers|Section 3-222 - Impaired Reciprocal Insurers

    (a)    If the assets of a reciprocal insurer at any time are insufficient to maintain the required surplus and to discharge its liabilities, other than a liability on account of money contributed by the attorney in fact or another person, the attorney in fact of a reciprocal insurer immediately shall:        (1)    make up the deficiency; or        (2)    subject to the limitations set forth in the power of attorney or subscribers’ policies, levy an assessment on the subscribers for the amount needed to cure the deficiency.    (b)    A reciprocal insurer is considered insolvent and shall be proceeded against as authorized by this article if:        (1)    the attorney in fact fails to cure the deficiency or to make the assessment within 30 days after the Commissioner orders the attorney in fact to do so; or        (2)    the deficiency is not cured fully within 60 days after the date the assessment was made.    (c)    If liquidation of a reciprocal insurer is ordered, an assessment shall be levied on the subscribers in the amount, subject to the limits provided by this subtitle, that the Commissioner determines to be necessary to discharge all liabilities of the reciprocal insurer, excluding any money contributed by the attorney in fact or another person, but including the reasonable cost of the liquidation.
MD. Insurance Code Ann. §  3-301 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-301 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Act” means the federal Nonadmitted and Reinsurance Reform Act of 2010.    (c)    “Admitted insurer” means an insurer that is authorized to engage in the business of insurance in the State.    (d)    “Exempt commercial purchaser” has the meaning stated in § 527 of the Act.    (e)    “Home state” has the meaning stated in § 527 of the Act.    (f)    “Nonadmitted insurance” means property and casualty insurance that may be placed directly or through a surplus lines broker with a nonadmitted insurer that is eligible to accept the insurance.    (g)    (1)    “Nonadmitted insurer” means an insurer that is not authorized to engage in the business of insurance in the State.        (2)    “Nonadmitted insurer” does not include a risk retention group.    (h)    “Qualified surplus lines broker” means a person that has obtained a certificate of qualification from the Commissioner to act as a surplus lines broker under this subtitle.
MD. Insurance Code Ann. §  3-302 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-302 - Scope of Subtitle

    (a)    This subtitle does not apply to:        (1)    life insurance;        (2)    health insurance, except as provided in subsection (c) of this section;        (3)    annuities;        (4)    reinsurance;        (5)    wet marine and transportation insurance, except as provided in subsection (b) of this section;        (6)    insurance on a subject that is located, resident, or to be performed wholly outside the State;        (7)    insurance on vehicles or aircraft owned and principally garaged outside the State;        (8)    insurance on property or operation of railroads engaged in interstate commerce;        (9)    insurance:            (i)    on aircraft owned or operated by aircraft manufacturers or operated in scheduled interstate flight;            (ii)    on cargo of the aircraft described in item (i) of this item; or            (iii)    against liability arising out of the ownership, maintenance, or use of the aircraft described in item (i) of this item, other than workers’ compensation or employer’s liability; or        (10)    medical stop–loss insurance, as defined in § 15–129 of this article.    (b)    This subtitle applies to wet marine and transportation insurance on:        (1)    a pleasure craft under 60 feet in length that is owned and used for pleasure and not for business, hire, or other commercial use;        (2)    fishing vessels under 50 gross tons that are not part of a fleet of 3 or more vessels; and        (3)    charter or head boats under 50 gross tons that are not part of a fleet of 3 or more vessels.    (c)    Subject to § 3–306.2 of this subtitle, this subtitle applies to:        (1)    disability insurance that:            (i)    provides for lost income, revenue, or proceeds in the event that an illness, accident, or injury results in a disability that impairs an insured’s ability to work or otherwise generate income, revenue, or proceeds that the insurance is intended to replace; and            (ii)    does not include payment for medical expenses, dismemberment, or accidental death; and        (2)    short–term medical insurance that provides limited health insurance benefits for a limited period of time to:            (i)    residents of the United States who travel to another country within 30 days after the effective date of coverage; and            (ii)    residents of another country who:                1.    travel to the United States within 30 days after the effective date of coverage; and                2.    are not traveling to the United States for the purpose of attending an institution of higher education, as defined in § 10–101 of the Education Article.
MD. Insurance Code Ann. §  3-303 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-303 - Placement of Insurance With Alien Insurer

    Except as provided in § 3-319(b) of this subtitle, this subtitle does not limit the right of a surplus lines broker to place surplus lines insurance with an alien insurer that has qualified with the nonadmitted insurer information office of the National Association of Insurance Commissioners.
MD. Insurance Code Ann. §  3-304 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-304 - Regulations

    The Commissioner may adopt reasonable regulations consistent with this subtitle to:        (1)    carry out this subtitle;        (2)    establish procedures for determining the eligibility of particular proposed coverages for placement with surplus lines insurers and maintain a list of the identified coverages;        (3)    allow an exempt commercial purchaser to waive the diligent search requirement under § 3–306 of this subtitle for the procurement of a surplus lines insurance policy;        (4)    provide for the content and use of the written disclosure required under § 3–308 of this subtitle; and        (5)    provide for the periodic review, no less than annually, of information from surplus lines brokers, agents, and insurers and from other sources concerning the availability and affordability of insurance from authorized insurers in the State.
MD. Insurance Code Ann. §  3-305 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-305 - Compliance With Filing Requirement

    A report, affidavit, or return that must be filed under this subtitle complies with the filing requirement if the report, affidavit, or return is:         (1)    mailed and postmarked by the United States Postal Service on or before the filing date;        (2)    delivered on or before the filing date to a private delivery service recognized by the Commissioner, if the delivery is evidenced by a receipt; or        (3)    transmitted electronically on or before the filing date in a manner approved by the Commissioner.
MD. Insurance Code Ann. §  3-306.1 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-306.1 - Diligent Search -- When Deemed Completed or Unnecessary

    (a)    (1)    A diligent search required by § 3–306 of this subtitle shall be deemed completed if:            (i)    the insured or the surplus lines broker or insurance producer obtains declinations of a risk from three authorized insurers that are writing the particular kind and class of insurance in this State; and            (ii)    the declinations are included in the affidavit required under § 3–307 of this subtitle.        (2)    In addition to the requirement of paragraph (1)(i) of this subsection, an insurance producer shall obtain a declination from each insurer for which the insurance producer has been appointed that the insurance producer knows, or should know, is actually writing on a broad basis the particular kind and class of insurance sought.    (b)    A diligent search may not be required:        (1)    for any coverage on a list of eligible surplus lines coverages compiled by the Commissioner; or        (2)    if the diligent search is waived by an exempt commercial purchaser in accordance with the Act.    (c)    Notwithstanding the renewal provisions of § 3–306(c) of this subtitle, a diligent search shall be required for each renewal of a personal lines insurance policy written through a surplus lines insurer.    (d)    Notwithstanding subsection (b)(2) of this section, a surplus lines broker is not required to perform a diligent search to determine whether the full amount or type of insurance can be obtained from admitted insurers when the surplus lines broker is seeking to procure or place nonadmitted insurance for an exempt commercial purchaser if:        (1)    the surplus lines broker has disclosed to the exempt commercial purchaser that the insurance may or may not be available from admitted insurers that may be subject to greater protection and regulatory oversight; and        (2)    the exempt commercial purchaser subsequently has requested the surplus lines broker in writing to procure nonadmitted insurance from or place the nonadmitted insurance with a nonadmitted insurer.
MD. Insurance Code Ann. §  3-307 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-307 - Affidavit

    (a)    An affidavit that sets forth the facts referred to in § 3–306 of this subtitle and any other facts required by the Commissioner must be personally executed by the surplus lines broker or the originating insurance producer at the time the surplus lines insurance is placed.    (b)    The affidavit must be filed with the Commissioner on or before the 45th day after the last day of the calendar quarter in which the surplus lines insurance was placed.    (c)    For short–term medical insurance procured from a nonadmitted insurer under this subtitle, the affidavit shall include, for each declining authorized insurer, the reason for the declination.
MD. Insurance Code Ann. §  3-308 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-308 - Endorsement of Contract or Confirmation

    Each insurance contract or confirmation procured and delivered under this subtitle shall be:         (1)    endorsed or stamped conspicuously in boldface type on the first page of the insurance contract or confirmation as follows: “This insurance is issued by a nonadmitted insurer not under the jurisdiction of the Maryland Insurance Commissioner”; and        (2)    accompanied by a written disclosure, as prescribed by the Commissioner, that:            (i)    is written in clear, plain English;            (ii)    explains that the insurer does not possess a certificate of authority from the Commissioner to engage in the insurance business in the State; and            (iii)    includes any other information that the Commissioner requires.
MD. Insurance Code Ann. §  3-309 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-309 - Validity of Surplus Lines Insurance Contract

    (a)    An insurance contract procured as surplus lines coverage from an unauthorized insurer in accordance with this subtitle is valid and enforceable as to all parties and shall be accepted and recognized in all matters and respects to the same effect as like insurance contracts issued by authorized insurers.    (b)    An insurance contract entered into in violation of this subtitle may be enforced by the insured in accordance with the terms of the insurance contract.
MD. Insurance Code Ann. §  3-310 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-310 - Certificate of Qualification Required for Surplus Lines Broker; Exceptions

    (a)    Except as provided in subsection (b) of this section, a person must obtain a certificate of qualification to act as a surplus lines broker before the person acts as a surplus lines broker in the State.    (b)    A person is not required to obtain a certificate of qualification to act as a surplus lines broker in the State if:        (1)    the State is not the home state of the insured; and        (2)    the surplus lines broker has obtained a license or other authorization from the home state of the insured.
MD. Insurance Code Ann. §  3-311 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-311 - Qualifications of Applicants

    An applicant for a certificate of qualification shall:        (1)    be qualified as an insurance producer;        (2)    hold an insurance producer’s license for the kind of insurance being solicited or sold; and        (3)    be competent and trustworthy, as determined by the Commissioner.
MD. Insurance Code Ann. §  3-312 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-312 - Applications for Certificate of Qualification

    An applicant for a certificate of qualification shall:         (1)    file with the Commissioner an application on the form that the Commissioner provides; and        (2)    pay to the Commissioner the fee required by § 2-112 of this article.
MD. Insurance Code Ann. §  3-313 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-313 - Bond

    (a)    Before the Commissioner issues a certificate of qualification to an applicant, the applicant shall file with the Commissioner a bond that:        (1)    is subject to approval by the Commissioner;        (2)    runs to the State;        (3)    is executed by the applicant as principal and by a corporate surety insurer authorized to do business in the State;        (4)    is in the penal sum of $10,000; and        (5)    is conditioned that the broker will:            (i)    conduct business in accordance with this article; and            (ii)    remit promptly the taxes required by § 3-324 of this subtitle.    (b)    The total liability of the surety insurer under the bond may not exceed the penal sum of the bond.    (c)    The surety insurer may not cancel the bond unless, at least 30 days before canceling the bond, the surety insurer files written notice of the cancellation.
MD. Insurance Code Ann. §  3-314 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-314 - Issuance of Certificate of Qualification

    The Commissioner shall issue a certificate of qualification to each applicant who meets the requirements of this subtitle.
MD. Insurance Code Ann. §  3-315 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-315 - Scope of Certificate of Qualification

    A qualified surplus lines broker may:         (1)    accept and place surplus lines insurance business from an insurance producer with a license in the State for the kind of insurance involved; and        (2)    compensate the insurance producer for the surplus lines insurance business.
MD. Insurance Code Ann. §  3-316 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-316 - Term and Renewal of Certificate of Qualification

    (a)    Unless a certificate of qualification is renewed for a 2–year term as provided in this section, the certificate of qualification expires every other year on the date stated on the certificate of qualification.    (b)    At least 1 month before a certificate of qualification expires, the Commissioner shall send to the holder of the certificate of qualification, at the last known address or electronic mail address of the holder on record a notice that states:        (1)    the process for renewing the certificate of qualification;        (2)    the date by which the Commissioner must receive the renewal application; and        (3)    the amount of the renewal fee.    (c)    Before a certificate of qualification expires, the holder periodically may renew it for an additional 2–year term, if the holder:        (1)    otherwise is entitled to a certificate of qualification;        (2)    submits to the Commissioner a renewal application:            (i)    on the form that the Commissioner provides; or            (ii)    in an electronic format that the Commissioner approves;        (3)    pays to the Commissioner the renewal fee required by § 2–112 of this article; and        (4)    complies with the bond requirement of § 3–313 of this subtitle.    (d)    For an individual, a certificate of qualification renewed under this section shall have an expiration date that is the last day of the month in which the holder of the certificate of qualification was born.    (e)    (1)    If mailed, an application for renewal of a certificate of qualification shall be considered made in a timely manner if it is postmarked on or before the expiration date of the certificate of qualification.        (2)    If submitted electronically, an application for renewal of a certificate of qualification shall be considered made in a timely manner if, on or before the expiration date of the certificate of qualification, the application:            (i)    is addressed properly or otherwise directed properly to an information processing system that the Administration has designated or uses for the purpose of receiving electronic applications and from which the Administration is able to retrieve the application;            (ii)    is in a form capable of being processed by that system; and            (iii)    1.    enters an information processing system outside the control of the sender or of a person that sent the electronic application on behalf of the sender; or                2.    enters a region of the information processing system designated or used by the Administration that is under the control of the Administration or an agent of the Administration.    (f)    The Commissioner shall renew the certificate of qualification of each holder who meets the requirements of this section.    (g)    The Commissioner may adopt regulations to carry out this section.
MD. Insurance Code Ann. §  3-316.1 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-316.1 - Reinstatement of Certificate of Qualification

    (a)    On or before September 30 of the renewal year, a person whose surplus lines broker’s certificate of qualification has expired may reinstate the expired certificate of qualification by:        (1)    filing with the Commissioner the appropriate reinstatement application;        (2)    paying to the Commissioner the applicable reinstatement fee required under subsection (b) of this section; and        (3)    complying with the bond requirement of § 3-313 of this subtitle.    (b)    (1)    The fee for a reinstatement under this section shall be:            (i)    the amount charged for a full renewal period for the type of certificate of qualification held by the person seeking the reinstatement; and            (ii)    1.    $25 for reinstatement during the period from July 1 through July 31;                2.    $50 for reinstatement during the period from August 1 through August 31; and                3.    $75 for reinstatement during the period from September 1 through September 30.        (2)    The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of temporary incapacity, hospitalization, or other hardship.    (c)    A person whose surplus lines broker’s certificate of qualification has expired is prohibited from acting as a surplus lines broker until the effective date of reinstatement of the certificate of qualification.    (d)    A person who does not comply with subsection (a) of this section on or before September 30 of the year of expiration shall apply for a surplus lines broker’s certificate of qualification under § 3-312 of this subtitle and meet any other requirements specified by the Commissioner in regulation.    (e)    The Commissioner may adopt regulations to carry out this section.
MD. Insurance Code Ann. §  3-317 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-317 - Suspensions and Revocations

    (a)    The Commissioner may suspend or revoke the certificate of qualification of a surplus lines broker:        (1)    if the surplus lines broker fails to file the report required by this subtitle;        (2)    if the surplus lines broker fails to remit the tax required by this subtitle;        (3)    if the surplus lines broker fails to keep records required by this subtitle, or fails to allow the Commissioner to examine those records;        (4)    if the surplus lines broker fails to file or falsifies the affidavit required by this subtitle; or        (5)    for any applicable ground for suspending or revoking the license of an insurance producer under this article.    (b)    The Commissioner may not reinstate the certificate of qualification of a surplus lines broker whose certificate has been suspended or revoked until the broker pays all penalties and delinquent taxes that are owed.
MD. Insurance Code Ann. §  3-319 (2021)
2021 Maryland Statutes|Insurance|Title 3 - Kinds of Insurers|Subtitle 3 - Surplus Lines Insurance|Section 3-319 - Placement of Surplus Lines Insurance Prohibited

    (a)    A surplus lines broker may not place surplus lines insurance with an unauthorized insurer that:        (1)    has not been approved by the Commissioner as a surplus lines insurer in accordance with § 3–318 of this subtitle;        (2)    for an insurer not domiciled in the State, has not qualified under § 3–303 of this subtitle;        (3)    has been determined by the Commissioner to be insolvent or unsafe financially under subsection (b) of this section; or        (4)    has been determined by the Commissioner to have refused to pay just claims.    (b)    (1)    The Commissioner shall direct that surplus lines insurance may not be placed with a surplus lines insurer that has been approved by the Commissioner if the Commissioner determines that the surplus lines insurer:            (i)    is not in a safe or solvent financial condition; or            (ii)    has refused to pay just claims.        (2)    After written notice of a determination made by the Commissioner under paragraph (1) of this subsection is mailed by the Commissioner to qualified surplus lines brokers, surplus lines insurance may not be placed with the surplus lines insurer.    (c)    Notwithstanding any other provision of this subtitle, a surplus lines broker may not place surplus lines insurance with an insurer if the broker knows, or reasonably should know, that the insurer is in an unsafe or insolvent financial condition.    (d)    A qualified surplus lines broker may not place a risk in an unauthorized insurer that has not previously appointed the Commissioner as agent for the acceptance of service of process.