reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part III - Rate Making -- Automobile Insurance › Section 11-214 - Statement of Rate Classifications

(a)    Each insurer that provides a private passenger automobile insurance policy shall provide to the policyholder at the time of issuance or renewal of the policy a statement that:
(1)    defines the policyholder’s rate classifications; and
(2)    if the insurer is an authorized insurer, includes a summary, in a form approved by the Commissioner, of the insurer’s approved surcharge plan or driver record point plan for that policy.
(b)    The statement must be sufficiently clear and specific so that an individual of average intelligence can identify the classifications without making further inquiry.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part III - Rate Making -- Automobile Insurance › Section 11-216 - Use of Territory as a Rate Determining Factor

An insurer that uses territory as a factor in establishing automobile insurance rates shall submit a statement to the Commissioner certifying that:
(1)    the territories used by the insurer have been reviewed within the previous 3 years; and
(2)    use of the territories is actuarially justified.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part IV - Rating Organizations and Similar Organizations › Section 11-219 - Deviations From Rating Organization Rates

(a)    An insurer may deviate from the rates filed by a rating organization if:
(1)    the insurer has filed the deviation to be applied with the rating organization and Commissioner;
(2)    the deviation is uniform in its application to all risks in the State of the class of insurance to which the deviation is to apply; and
(3)    the deviation is approved by the Commissioner.
(b)    The Commissioner may approve or disapprove a deviation as if the deviation filing were a rate filing and specify the period of time during which an approval will be effective.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part IV - Rating Organizations and Similar Organizations › Section 11-220 - Appeal by Member or Subscriber

(a)    (1)    A member of or subscriber to a rating organization may appeal to the Commissioner from the action or decision of the rating organization in approving or rejecting a proposed change in or addition to the filings of the rating organization.
(2)    The Commissioner:
(i)    shall issue an order that approves the action or decision of the rating organization or directs it to give further consideration to the proposal; or
(ii)    if the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings and the Commissioner finds that the action or decision was unreasonable, may issue an order that directs the rating organization to make, within a reasonable time after issuance of the order, an addition to its filings on behalf of its members and subscribers in a manner consistent with the Commissioner’s findings.
(3)    The Commissioner shall hold a hearing before issuing an order under paragraph (2) of this subsection.
(4)    The Commissioner shall give written notice of the hearing to the appellant and rating organization at least 10 days before the hearing.
(b)    (1)    If the appeal is based on the failure of a rating organization to make a filing on behalf of the member or subscriber that is based on a system of expense provisions that differs from the system of expense provisions included in a filing made by the rating organization, as authorized under § 11-205(e) of this subtitle, and the Commissioner grants the appeal, the Commissioner shall issue an order that requires the rating organization to make the requested filing for use by the appellant.
(2)    In deciding the appeal, the Commissioner shall apply the standards set forth in this subtitle.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part IV - Rating Organizations and Similar Organizations › Section 11-221 - Advisory Organizations

(a)    Each advisory organization shall file with the Commissioner:
(1)    a copy of its constitution, articles of agreement or association, or certificate of incorporation and its bylaws, rules, and regulations that govern its activities;
(2)    a list of its members;
(3)    the name and address of a resident of the State on whom may be served notices or orders of the Commissioner or process issued at the direction of the Commissioner; and
(4)    an agreement that the Commissioner may examine the advisory organization in accordance with § 11-225 of this subtitle.
(b)    If, after a hearing, the Commissioner finds that the provision of information or help by an advisory organization involves an act or practice that is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the act or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle and requires that the act or practice be discontinued.
(c)    (1)    An insurer that makes its own filings or a rating organization may not support its filings by statistics or adopt rate making recommendations provided to it by an advisory organization that has failed to comply with:
(i)    this section; or
(ii)    an order of the Commissioner issued under subsection (b) of this section that involves the statistics or recommendations.
(2)    If the Commissioner finds that an insurer or rating organization has violated this subsection, the Commissioner may issue an order that requires that the violation be discontinued.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part IV - Rating Organizations and Similar Organizations › Section 11-222 - Groups Engaged in Joint Underwriting or Joint Reinsurance

(a)    Each group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance is subject to this subtitle with respect to its joint underwriting or joint reinsurance activities.
(b)    If, after a hearing, the Commissioner finds that an activity or practice of a group, association, or other organization that engages in joint underwriting or joint reinsurance is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the activity or practice is unreasonable, unfair, or otherwise inconsistent with this subtitle and requires that the activity or practice be discontinued.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part V - Administrative Provisions › Section 11-225 - Examinations of Rating Organizations and Other Entities

(a)    (1)    At least once every 5 years, the Commissioner shall make an examination of each rating organization licensed in the State.
(2)    Whenever the Commissioner considers it expedient, the Commissioner may make an examination of each advisory organization and each group, association, or other organization that engages in joint underwriting or joint reinsurance.
(b)    The entity examined shall pay the reasonable costs of an examination on presentation to it of a detailed account of the costs.
(c)    The officers, manager, agents, and employees of the entity examined may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements that govern the entity’s methods of operation.
(d)    Instead of making an examination under this section, the Commissioner may accept the report of an examination made by the insurance supervisory official of another state under the laws of that state.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part V - Administrative Provisions › Section 11-226 - Rate Administration

(a)    (1)    (i)    So that the experience of all insurers may be made available at least annually in the form and detail necessary to help the Commissioner in determining whether rating systems comply with the standards set forth in this subtitle, the Commissioner shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the Commissioner for the recording and reporting of loss and expense experience.
(ii)    The Commissioner periodically may modify the rules and plans adopted under this subsection.
(iii)    Each insurer shall use the rules and plans adopted by the Commissioner to record and report its loss and countrywide expense experience.
(2)    The rules and plans adopted under this subsection may also provide for the recording and reporting of expense experience items that are specially applicable to the State and are not susceptible of determination by prorating countrywide expense experience.
(3)    In adopting the rules and plans, the Commissioner shall give due consideration:
(i)    to the rating systems on file with the Commissioner; and
(ii)    to the rules and to the form of the plans used for the rating systems in other states, so that the rules and plans may be as uniform as is practicable among states.
(4)    An insurer may not be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it.
(5)    (i)    The Commissioner may designate one or more rating organizations or other agencies to help in gathering and compiling experience information.
(ii)    Subject to reasonable regulations adopted by the Commissioner, the compilations shall be made available to insurers and rating organizations.
(b)    The Commissioner may adopt reasonable rules and plans for the interchange of data necessary for the application of rating plans.
(c)    To further uniform administration of rate regulatory laws, the Commissioner and each insurer and rating organization may:
(1)    exchange information and experience data with each other and with insurance supervisory officials, insurers, and rating organizations in other states; and
(2)    consult with them about rate making and the application of rating systems.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part VI - Prohibited Acts; Penalties › Section 11-230 - Prohibited Policies; Commissions Authorized

(a)    An insurer or officer, insurance producer, or representative of an insurer may not knowingly issue or deliver or knowingly allow the issuance or delivery of a policy or endorsement, certificate, or addition to the policy, except in accordance with the filings that are in effect for the insurer as provided in this subtitle.
(b)    An insurer may pay or allow a commission to a licensed insurance producer of the insurer as compensation for procuring business.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part VI - Prohibited Acts; Penalties › Section 11-231 - False or Misleading Information

A person may not willfully withhold information from or knowingly give false or misleading information to the Commissioner, a statistical agency designated by the Commissioner, a rating organization, or an insurer if the information will affect the rates or premiums chargeable under this subtitle or the proper issuance of an insurance contract, policy, or guarantee of insurance.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 2 - Prior Approval Rate Making › Part VI - Prohibited Acts; Penalties › Section 11-232 - Penalties

(a)    (1)    If the Commissioner finds that a person has violated a provision of this subtitle, the Commissioner may impose a civil penalty not exceeding $250 for each violation.
(2)    If the Commissioner finds a violation of this subtitle to be willful, the Commissioner may impose a civil penalty not exceeding $1,000 for the violation.
(3)    A penalty imposed under this subsection is in addition to any other penalty provided by law.
(b)    (1)    The Commissioner may suspend the license of a rating organization or certificate of authority of an insurer that fails to comply with an order of the Commissioner within the time set by the order or any extension of that time granted by the Commissioner.
(2)    The Commissioner may not suspend the license of a rating organization or certificate of authority of an insurer for failure to comply with an order:
(i)    until the time set for an appeal from the order has expired; or
(ii)    if an appeal has been taken, until the order has been affirmed.
(3)    The Commissioner may determine when the suspension of a license or certificate of authority becomes effective.
(4)    The suspension shall remain in effect for the period set by the Commissioner unless the Commissioner modifies or rescinds the suspension or until the order on which the suspension is based is modified, rescinded, or reversed.
(c)    (1)    Before the Commissioner imposes a penalty or suspends or revokes a license or certificate of authority under this subtitle, the Commissioner shall issue a written order that states the findings of the Commissioner.
(2)    The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.
(3)    The Commissioner shall give written notice of the hearing at least 10 days before the hearing.
(4)    The notice shall specify the alleged violation.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part I - Definitions; General Provisions › Section 11-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Competitive market” means any market except those which, by application of the standards in § 11-306 of this subtitle, have been determined to be noncompetitive under § 11-308(c) of this subtitle.
(c)    “Market” means the interaction between buyers and sellers of a particular line of insurance in a geographical area consisting of not less than one entire county.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part I - Definitions; General Provisions › Section 11-302 - Purposes and Construction of Subtitle

(a)    The purposes of this subtitle are:
(1)    to protect policyholders and the public against the adverse effect of excessive, inadequate, or unfairly discriminatory rates;
(2)    as the most effective way to produce rates that conform to the standards of paragraph (1) of this subsection, to encourage independent action by insurers and reasonable price competition among insurers;
(3)    to provide formal regulatory controls for use if price competition fails;
(4)    to authorize cooperative action among insurers in the rate making process and to regulate that cooperation in order to prevent practices that tend to bring about monopoly or to lessen or destroy competition; and
(5)    to provide rates that are responsive to competitive market conditions and to improve the availability of insurance in the State.
(b)    This subtitle shall be construed liberally to achieve the purposes stated in subsection (a) of this section, which shall constitute an aid and guide to interpretation of this subtitle but not an independent source of power.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part I - Definitions; General Provisions › Section 11-303 - Scope of Subtitle

(a)    Notwithstanding Subtitle 2 of this title, this subtitle applies to the establishment of rates for all types of insurance except:
(1)    life insurance;
(2)    annuities;
(3)    health insurance;
(4)    marine insurance described in § 11–202(b)(2) of this title;
(5)    aircraft insurance described in § 11–202(b)(3) of this title;
(6)    reinsurance;
(7)    title insurance;
(8)    medical malpractice insurance;
(9)    any form or plan of insurance regulated under § 27–217 of this article; and
(10)    surety insurance.
(b)    If and to the extent that the Commissioner finds that the application of any or all of the provisions of this subtitle is unnecessary to achieve the purposes of this subtitle, the Commissioner by rule may exempt a person or class of persons or a line or lines of insurance from any or all of those provisions.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-309 - Waiting Period for Rates of Particular Insurer

(a)    If, after a hearing, the Commissioner finds that the protection of the interests of the insureds of a particular insurer and the public in the State requires closer supervision of the insurer’s rates because of the insurer’s financial condition or repetitive filing of rates that are not in compliance with § 11-306 of this subtitle, the Commissioner may issue an order that requires the insurer to file any or all of the insurer’s rates and supplementary rate information 30 days before they become effective.
(b)    By written notice to the insurer during the initial 30-day waiting period, the Commissioner may extend the waiting period for an additional period not exceeding 30 days.
(c)    (1)    The Commissioner shall approve or disapprove the filing during the waiting period or any extension of the waiting period.
(2)    The filing is deemed approved unless disapproved by the Commissioner during the waiting period or any extension of the waiting period.
(d)    An insurer affected by an action of the Commissioner under this section may not request a rehearing by the Commissioner until 12 months after the date of an order of the Commissioner under subsection (a) of this section.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-310 - Waiting Period for Changes in Rates

(a)    (1)    The Commissioner may adopt a rule that requires that subsequent changes in the rates or supplementary rate information for a kind or line of insurance, subdivision of a kind or line of insurance, or rating class or rating territory be filed with the Commissioner at least 30 working days before they become effective if the Commissioner finds that with respect to that kind, line, subdivision, rating class, or rating territory:
(i)    competition is not an effective regulator of the rates charged;
(ii)    a substantial number of insurers are competing irresponsibly through the rates charged; or
(iii)    there are widespread violations of this subtitle.
(2)    By written notice to the filer during the initial 30-day waiting period, the Commissioner may extend the waiting period for an additional period not exceeding 30 working days.
(b)    (1)    A rule adopted under this section may not remain in effect for more than 1 year after it is adopted.
(2)    The Commissioner may renew a rule adopted under this section after a hearing and appropriate findings under this section.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-311 - Excess Rate for Specific Risk

On written application of an insurer that states its reasons for requesting the rate, accompanied by the written consent of the insured or prospective insured, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on a specific risk.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-312 - Supporting Data

(a)    (1)    The Commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions of kinds or lines of insurance or classes of risks or combinations of classes of risks as the Commissioner considers necessary for the proper functioning of the rate monitoring and regulating process.
(2)    The supporting data shall include:
(i)    the experience and judgment of the filer and, to the extent the filer wishes or the Commissioner requires, the experience and judgment of other insurers or rating organizations;
(ii)    the filer’s interpretation of any statistical data relied on;
(iii)    a description of the actuarial and statistical methods used in setting the rates; and
(iv)    any other relevant matters required by the Commissioner.
(b)    Whenever a filing is not accompanied by the information as required by the Commissioner under § 11-310(a) of this subtitle, the Commissioner may so inform the insurer and the filing will be deemed to be made when the information is provided.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-313 - Notice to Insureds of Noncompetitive Market

For a kind or line of insurance as to which the Commissioner has issued an order in which the Commissioner finds that a reasonable degree of competition does not exist, the Commissioner may require the insurer at the time of filing a proposed rate increase with the Commissioner to notify each policyholder in writing that:
(1)    the insurer has filed a proposed rate increase with the Commissioner;
(2)    a hearing may be requested with respect to the filing; and
(3)    an order, hearing, or refusal of a hearing by the Commissioner may be appealed under Subtitle 5 of this title.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-314 - Review of Application of Rating System

(a)    Each rating organization and each insurer subject to this subtitle that makes its own rates shall provide reasonable means within the State by which a person aggrieved by the application of its rating system may be heard in person or by an authorized representative on the person’s written request to review the manner in which the rating system has been applied in connection with the insurance afforded the aggrieved person.
(b)    If the rating organization or insurer fails to grant or reject the aggrieved person’s request within 30 days after it is made, the applicant may proceed as if the application had been rejected.
(c)    (1)    Within 30 days after written notice of the action of a rating organization or insurer on a request for review, any party affected by the action may apply, in writing, for an appeal to the Commissioner.
(2)    An application under this subsection shall set forth the basis for the appeal and the grounds on which the applicant will rely.
(d)    (1)    The Commissioner shall review the application for appeal.
(2)    If the Commissioner finds that the application is made in good faith and sets forth on its face grounds that reasonably justify a hearing, the Commissioner shall hold a hearing.
(3)    The Commissioner shall give written notice of the hearing to the applicant and rating organization or insurer at least 10 days before the hearing.
(4)    After the hearing, the Commissioner shall affirm or reverse the action.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part II - Rate Making -- in General › Section 11-315 - Special Rate Making Principles

(a)    All homeowner’s insurance rates shall be made in accordance with the principles set forth in this section.
(b)    (1)    An insurer under a homeowner’s insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium because of a specific claim.
(2)    For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:
(i)    if the policy has not yet been issued:
1.    the date of the application; or
2.    the proposed effective date of the policy; or
(ii)    on renewal of a policy, the effective date of the renewal.
(3)    (i)    The removal of, reduction of, or refusal to apply a discount is not a violation of this subsection if the claim resulting in the removal of, reduction of, or refusal to apply the discount was filed not more than 5 years before the removal, reduction, or refusal.
(ii)    Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part III - Rate Making -- Automobile Insurance Generally › Section 11-317 - Statement of Rate Classifications

(a)    In this section, “increase in a policy premium” includes an increase in premium due to:
(1)    a surcharge;
(2)    retiering or other reclassification of an insured; or
(3)    removal or reduction of a discount.
(b)    Each insurer that provides a private passenger automobile insurance policy shall provide to the policyholder at the time of issuance or renewal of the policy a statement that:
(1)    defines the policyholder’s rate classifications;
(2)    if the insurer is an authorized insurer includes a summary, in a form approved by the Commissioner, of the insurer’s approved surcharge plan or driver record point plan for that policy; and
(3)    includes a section that provides a general description of the factors, including credit information if applicable, that may cause or contribute to an increase in a policy premium.
(c)    The statement must be sufficiently clear and specific so that an individual of average intelligence can identify the classifications without making further inquiry.
(d)    An insurer that markets private passenger automobile insurance through insurance producers shall make available to its producers a copy of the statement required under this section.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part III - Rate Making -- Automobile Insurance Generally › Section 11-319 - Use of Territory as a Rate Determining Factor

An insurer that uses territory as a factor in establishing automobile insurance rates shall submit a statement to the Commissioner certifying that:
(1)    the territories used by the insurer have been reviewed within the previous 3 years; and
(2)    use of the territories is actuarially justified.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part IV - Rate Making -- Geographic Distribution of Private Passenger Premium › Section 11-321 - Definitions

(a)    In Part IV of this subtitle the following words have the meanings indicated.
(b)    “Affiliate” has the meaning stated in § 7-101 of this article.
(c)    “Major insurer” means an insurer or affiliate or subsidiary of that insurer that has written an amount of private passenger premium in the State that totals 1% or more of the total premium of private passenger premium written in the State by all insurers, including the Maryland Automobile Insurance Fund.
(d)    “Private passenger premium” means the direct written premium derived from the sale of private passenger motor vehicle insurance policies in a calendar year.
(e)    “Subsidiary” has the meaning stated in § 7-101 of this article.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part IV - Rate Making -- Geographic Distribution of Private Passenger Premium › Section 11-322 - Scope of Part

(a)    Part IV of this subtitle applies to each authorized insurer that writes private passenger motor vehicle insurance in the State.
(b)    Except as expressly provided otherwise, Part IV of this subtitle does not apply to the Maryland Automobile Insurance Fund.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part IV - Rate Making -- Geographic Distribution of Private Passenger Premium › Section 11-323 - Data About Geographic Distribution of Private Passenger Premium

(a)    On or before July 1 of each year, each insurer and the Maryland Automobile Insurance Fund shall file data about the geographic distribution of private passenger premium written by it in the State for the preceding calendar year.
(b)    The data required under this section shall:
(1)    be filed with the Commissioner in the form required by the Commissioner; and
(2)    at a minimum, detail the amount of private passenger premium written by the insurer and the Maryland Automobile Insurance Fund in the preceding calendar year and the number of policies represented by that premium:
(i)    in the State as a whole; and
(ii)    in Baltimore City.
(c)    The data shall be submitted by each rating territory or each zip code, or both.
(d)    Failure by the insurer or the Maryland Automobile Insurance Fund to submit the data required under this section on a timely basis is grounds for the imposition of the penalties provided in §§ 4-113 and 4-114 of this article.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part IV - Rate Making -- Geographic Distribution of Private Passenger Premium › Section 11-324 - Designation as Major Insurer

On or before August 15 of each year, the Commissioner shall:
(1)    prepare a list of insurers that are major insurers;
(2)    compute each insurer’s market share in the State in the preceding calendar year;
(3)    notify in writing each insurer that has been designated as a major insurer; and
(4)    compute each insurer’s market share in Baltimore City.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part IV - Rate Making -- Geographic Distribution of Private Passenger Premium › Section 11-326 - Confidentiality of Information

(a)    Notwithstanding any other provision of law, any data, documents, or other information filed with the Commissioner under Part IV of this subtitle about a particular insurer or that insurer’s market share or plan:
(1)    shall be considered confidential commercial information;
(2)    shall be kept confidential by the Commissioner; and
(3)    may not be made public or be subject to subpoena, other than by the Commissioner for the purpose of enforcement of Part IV of this subtitle by the Commissioner.
(b)    The Commissioner:
(1)    may release a list of the names of all insurers designated as major insurers; and
(2)    may not release the particular market share of a major insurer in Baltimore City unless authorized by the insurer.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part V - Rate Making -- Workers' Compensation Insurance › Section 11-331 - Reports. [Abrogated]

// EFFECTIVE UNTIL SEPTEMBER 30, 2023 PER CHAPTER 36 OF 2015 //
On or before October 1, 2016, and by October 1 each year thereafter through 2022, the rating organization that the Commissioner designates under § 11–329 of this subtitle, in consultation with the Chesapeake Employers’ Insurance Company, shall submit a report to the Senate Finance Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, on the progress that the Chesapeake Employers’ Insurance Company has made in preparing to become a member of the rating organization.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part V - Rate Making -- Workers' Compensation Insurance › Section 11-332 - Single Classification Code for Governmental Occupations Not Included in Police, Firefighter, and Clerical Classifications

** TAKES EFFECT JANUARY 1, 2022 PER CHAPTER 36 OF 2015 **
The rating organization that the Commissioner designates under § 11–329 of this subtitle shall create and maintain an exception in its classification system to allow any authorized insurer in the State to use a single classification code for governmental occupations that are not included in police, firefighter, and clerical classifications.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VI - Rating Organizations and Similar Organizations › Section 11-333 - Rating Organizations; Advisory Organizations

(a)    A rating organization may not provide a service that relates to the rates of insurance subject to this subtitle, and an insurer may not utilize the service of the rating organization for those purposes, unless the rating organization has obtained a license under § 11-218 of this title.
(b)    A rating organization may not refuse to supply services for which it is licensed in the State to an authorized insurer that offers to pay the fair and usual compensation for the services.
(c)    An advisory organization has the same authority and functions under this subtitle as under § 11-221 of this title.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VI - Rating Organizations and Similar Organizations › Section 11-334 - Cooperation Among Rating Organizations and Insurers

(a)    Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this subtitle is authorized, if the filings that result from cooperation are subject to all provisions of this subtitle that are applicable to filings generally.
(b)    (1)    The Commissioner may review cooperative activities and practices among rating organizations and among rating organizations and insurers.
(2)    If, after a hearing, the Commissioner finds that an activity or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the activity or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle and requires that the activity or practice be discontinued.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VII - Administrative Provisions › Section 11-337 - Rate Administration

(a)    (1)    Each insurer shall file with the Commissioner, and the Commissioner shall review, reasonable rules and plans for the recording and reporting of loss and expense experience in appropriate form and detail.
(2)    An insurer may not be required to record or report its experience on a classification basis that is inconsistent with its own rating system.
(3)    The Commissioner may designate one or more rating organizations to help in gathering and compiling experience information.
(b)    The Commissioner and each insurer and rating organization may:
(1)    exchange information and experience data with each other and with insurance supervisory officials, insurers, and rating organizations in other states; and
(2)    consult with them about rate making and the application of rating systems.
(c)    Rating organizations shall collect all relevant information from member insurers.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VIII - Prohibited Acts; Penalties › Section 11-342 - Reduction of Competition Prohibited

(a)    In this section, “insurer” includes two or more affiliated insurers under common management or under common controlling ownership or other common effective legal control and in fact engaged in joint or cooperative underwriting, investment management, marketing, servicing, or administration of their business and affairs as insurers.
(b)    An insurer or rating organization may not:
(1)    monopolize, attempt to monopolize, or combine or conspire with another person or persons to monopolize the business of a kind of insurance, subdivision, or class of insurance;
(2)    agree with another insurer or rating organization to charge or adhere to a rate, although insurers and rating organizations may continue to exchange statistical information;
(3)    make an agreement with another insurer, rating organization, or other person to unreasonably restrain trade;
(4)    make an agreement with another insurer, rating organization, or other person if the effect of the agreement may be substantially to lessen competition in the business of a kind of insurance, subdivision, or class of insurance; or
(5)    make an agreement with another insurer or rating organization to refuse to deal with a person in connection with the sale of insurance.
(c)    An insurer may not acquire or retain the capital stock or assets of, or have any common management with, another insurer if the acquisition, retention, or common management substantially lessens competition in the business of a kind of insurance, subdivision, or class of insurance.
(d)    A rating organization or member or subscriber of a rating organization may not interfere with the right of an insurer to make its rates independently of the rating organization or to charge different rates from the rates made by the rating organization.
(e)    A rating organization may not adopt a rule, require an agreement, or formulate or engage in a program that would require a member, subscriber, or insurer to:
(1)    use some or all of its services;
(2)    adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or
(3)    prevent an insurer from acting independently.
(f)    (1)    The Commissioner shall disapprove a rate in violation of this section in accordance with the procedures required by § 11-308(a) of this subtitle.
(2)    A person that violates this section is subject to the penalties provided in § 11-344 of this subtitle.
(g)    The Commissioner may maintain an action to enjoin a violation of this section.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VIII - Prohibited Acts; Penalties › Section 11-343 - False or Misleading Information

(a)    A person may not willfully withhold information from or knowingly give false or misleading information to the Commissioner, a statistical agency designated by the Commissioner, a rating organization, or an insurer if the information will affect the rates or premiums chargeable under this subtitle.
(b)    A person that violates this section:
(1)    is subject to the penalties provided in § 11-344 of this subtitle; and
(2)    if the violation is committed with intent to deceive, is guilty of perjury and subject to prosecution for perjury in a court of competent jurisdiction.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 3 - Competitive Rating › Part VIII - Prohibited Acts; Penalties › Section 11-344 - Penalties

(a)    If, after notice and a hearing, the Commissioner finds that a person has violated a provision of this subtitle or a regulation of the Commissioner adopted under this subtitle, the Commissioner may impose a monetary penalty as provided in § 4-113(d) of this article.
(b)    (1)    The Commissioner may suspend, revoke, or refuse to renew a license or certificate of authority for a violation of this subtitle.
(2)    The Commissioner may determine when the suspension or revocation of a license or certificate of authority becomes effective.
(3)    The suspension or revocation shall remain in effect for the period set by the Commissioner unless the Commissioner modifies or rescinds the suspension or revocation or until the order on which the suspension or revocation is based is modified or reversed as the result of an appeal.
(c)    (1)    Before the Commissioner imposes a penalty or suspends or revokes a license or certificate of authority under this section, the Commissioner shall issue a written order that states the findings of the Commissioner.
(2)    The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.
(3)    The Commissioner shall give written notice of the hearing to the person at least 10 days before the hearing.
(4)    The notice shall specify the alleged violation.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-401 - Scope of Subtitle

(a)    This subtitle applies to all kinds and classes of insurance that:
(1)    insure or guarantee titles to real or leasehold property or an estate in real or leasehold property;
(2)    insure or guarantee against loss by reason of defects, encumbrances, liens, or charges on real or leasehold property or an estate in real or leasehold property;
(3)    insure or guarantee the validity, priority, and status of liens on real or leasehold property or an estate in real or leasehold property; or
(4)    insure or guarantee the correctness and sufficiency of searches for instruments, liens, charges, or other matters affecting the title to real or leasehold property or an estate in real or leasehold property.
(b)    This subtitle applies to a person that makes guarantees or issues insurance described in subsection (a) of this section.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-402 - Rate Making Principles Generally

(a)    All title insurance rates shall be made in accordance with this section.
(b)    Rates shall be reasonable and adequate for the class of risks to which they apply.
(c)    Rates may not discriminate unfairly between risks that involve essentially the same hazards and expense elements.
(d)    Due consideration shall be given to:
(1)    past and prospective loss experience within and outside the State;
(2)    a reasonable margin for profit and contingencies;
(3)    the cost of participating insurance;
(4)    the percentage to be allocated to reserve;
(5)    operating expenses; and
(6)    all other relevant factors fairly attributable to the business of title insurance.
(e)    (1)    Guarantees may be grouped by classifications for the establishment of rates and minimum premiums.
(2)    A special or unusual guarantee that is more hazardous to the title insurer than ordinary title guarantees because of an alleged irregularity or a difference in interpretation or application of law that might affect marketability of title, may be classified individually and separately according to the circumstances peculiar to each case.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-403 - Rate Filings

(a)    (1)    Except as otherwise provided in this subsection, each title insurer shall file with the Commissioner all rates or premiums, supplementary rate information, forms of contracts, policies, or guarantees of insurance, and all modifications of contracts, policies, or guarantees of insurance that it proposes to use.
(2)    A filing is not required for rates or premiums for a special or unusual guarantee as described in § 11–402(e)(2) of this subtitle.
(b)    Each filing shall indicate the character or extent of coverage contemplated under the rates and premiums for which it is made.
(c)    A title insurer may not make a change in rates or premiums or in the forms of contracts, policies, or guarantees of insurance unless a report that indicates the change has been filed with and approved by the Commissioner.
(d)    A title insurer may satisfy its obligation to make filings by:
(1)    being a member of or a subscriber to a licensed title rating organization that makes filings; and
(2)    authorizing the Commissioner to accept filings on its behalf from the title rating organization.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-404 - Approval or Disapproval of Filings

(a)    (1)    Unless the Commissioner finds that a filing does not meet the requirements of this subtitle or is otherwise contrary to law, the Commissioner shall approve the filing.
(2)    As soon as reasonably possible after a filing is made, the Commissioner shall approve or disapprove the filing in writing.
(3)    If the Commissioner disapproves a filing, the Commissioner shall specify the ways that the Commissioner finds that the filing fails to meet the requirements of this subtitle or is otherwise contrary to law.
(b)    (1)    This subsection does not apply to filings by a rating organization on behalf of title insurers that are members or subscribers of the rating organization.
(2)    If a filing is not disapproved by the Commissioner within 15 days after the date of filing, or within 30 days after the date of filing if the Commissioner extends the waiting period in writing during the initial 15–day period, the filing is deemed approved and the effective date of the filing is the end of the 15–day or 30–day waiting period.
(c)    (1)    The Commissioner shall hold a hearing to review the approval or disapproval of a filing under this section if:
(i)    after approval of the filing, the Commissioner finds that the filing does not meet the requirements of this subtitle or is otherwise contrary to law;
(ii)    a person with an interest in the filing makes a complaint to the Commissioner in writing that sets forth specific and reasonable causes for complaint; or
(iii)    a title insurer or a rating organization on behalf of its members or subscribers, on notice of disapproval by the Commissioner under this section, requests a hearing.
(2)    A hearing under this subsection shall be held within 30 days after the occurrence of an action specified in paragraph (1) of this subsection.
(3)    The Commissioner shall give written notice of the hearing to all interested parties.
(4)    The Commissioner may confirm, modify, change, or rescind any previous action, if warranted by the facts shown at the hearing.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-405 - Financial Data and Other Information

(a)    The Commissioner shall require that each title insurer subject to this subtitle provide to the Commissioner on a uniform basis financial data and any other information that the Commissioner requires in the regulation of rates.
(b)    The financial data to be provided shall include:
(1)    rates, taxes, general expenses, allocated and unallocated loss adjustment expenses, licenses, and fees; and
(2)    all other expenses that relate to the procurement of business not specifically listed as commissions, including dividends, retainers, stock, office space, or any other valuable consideration.
(c)    The information to be provided under this section shall be supplied on forms provided by the Commissioner.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-406 - Exchange of Information and Experience Data

To further more equitable establishment and adjustment of rates and premiums and forms of contracts, policies, or guarantees of insurance, the Commissioner and each title insurer may:
(1)    exchange information and experience data with each other, with insurance supervisory officials and insurers in other states, and with national organizations and associations; and
(2)    consult and cooperate with them about rate and premium making and forms of contracts, policies, and guarantees of insurance.
2023 Maryland Statutes › Insurance › Title 11 - Insurance Rating Law › Subtitle 4 - Title Insurance Rating › Section 11-407 - Prohibited Contracts, Policies, and Guarantees of Insurance; Commissions Authorized

(a)    A title insurer may not make or issue a contract, policy, or guarantee of insurance except in accordance with filings approved as provided in this subtitle, except for special or unusual risks for which a filing has not yet been provided.
(b)    Each title insurer must hold to the rates or premiums as approved by the Commissioner and may not deviate from the rates or premiums or allow to or for the account of an insured a rebate or discount on the rates or premiums payable.
(c)    A title insurer may pay or allow a commission to a licensed insurance producer of the title insurer as compensation for procuring business.