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2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-107 - Refusals to Issue or Renew Insurance Because of Location

(a)    An insurer may not refuse to issue or renew a contract of motor vehicle insurance, property insurance, or casualty insurance solely because the subject of the risk or the applicant’s or insured’s address is located in a certain geographic area of the State unless:
(1)    at least 60 days before the refusal, the insurer has filed with the Commissioner a written statement designating the geographic area; and
(2)    the designation has an objective basis and is not arbitrary or unreasonable.
(b)    A statement filed with the Commissioner under this section is a public record.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-109 - Subrogation of Medical Expense Payments Prohibited

On or after January 1, 1972, an authorized insurer may not issue or deliver a policy or contract of bodily injury liability insurance on a motor vehicle that is principally garaged or principally used in the State when the policy or contract is issued or delivered if:
(1)    the policy or contract contains a representation that the authorized insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to the insured or another individual covered by the policy or contract; and
(2)    the authorized insurer retains the right of subrogation to recover from a third party any amount paid under the policy or contract on behalf of the injured individual.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-110 - Disclaimers of Coverage on Liability Policies

An insurer may disclaim coverage on a liability insurance policy on the ground that the insured or a person claiming the benefits of the policy through the insured has breached the policy by failing to cooperate with the insurer or by not giving the insurer required notice only if the insurer establishes by a preponderance of the evidence that the lack of cooperation or notice has resulted in actual prejudice to the insurer.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-111 - Limitation on Preventing Recovery for Property Loss

(a)    This section only applies if an insurer, through its insurance producer, adjuster, or representative, has begun investigating, estimating, or adjusting a property loss resulting from fire or a hazard under an extended coverage endorsement.
(b)    (1)    Except as provided in paragraph (2) of this subsection, an insured that has failed to give an insurer a sworn statement in proof of loss or a written notice as required by an insurance contract is not prevented from recovering under the insurance contract.
(2)    An insured may be prevented from recovering under an insurance contract if the insured fails to provide the sworn statement in proof of loss or written notice required by the insurance contract within 15 days after receiving the insurer’s written request for the statement or notice.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-112 - Request by Bulletin

(a)    The Commissioner may request by bulletin from a property and casualty insurer data that relates to policies written by the insurer.
(b)    A request by bulletin under this section shall specify:
(1)    the line of insurance for which the data is being requested; and
(2)    the period of time for which the data is requested.
(c)    Data requested by bulletin under this section shall be filed with the Commissioner in a form required by the Commissioner.
(d)    (1)    A request by bulletin expires 2 years after the date of the request by the Commissioner.
(2)    If the Commissioner needs additional data after the end of that 2-year period, the Commissioner shall issue another bulletin.
(e)    At least 15 days prior to granting an application under § 4–203 of the General Provisions Article to inspect company–specific data that was requested by bulletin under this section, the Commissioner shall notify the insurer that supplied the data:
(1)    that the Commissioner has received an application to inspect data filed by the insurer;
(2)    which data the Commissioner intends to disclose in granting the application; and
(3)    that, within 7 days of receipt of the notice, the insurer has the opportunity to provide any reason why the data is confidential commercial data or is otherwise protected from disclosure under the Public Information Act.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-113 - Settlement of Claims

(a)    A parent of a minor or person in loco parentis of the minor may settle a claim under a liability insurance policy brought by the parent or person in loco parentis for the benefit of the minor.
(b)    The payment of a settlement of a claim made under this section for the benefit of a minor shall comply with Title 13, Subtitle 4 of the Estates and Trusts Article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-114 - Deductibles in Medical Malpractice Policies

(a)    Each insurer that issues or delivers a medical professional liability insurance policy in the State with an annual premium of $5,000 or more shall offer at a minimum, in addition to the basic policy, additional policies with deductibles in the following amounts:
(1)    $25,000;
(2)    $50,000; and
(3)    $100,000.
(b)    In a policy with a deductible described in subsection (a) of this section, the insurer shall apply the deductible only to the liability of the insured under the policy.
(c)    (1)    An insurer that issues or delivers a medical professional liability insurance policy with a deductible described in subsection (a) of this section may cancel the policy for nonpayment of the deductible when the deductible is due and payable under the policy.
(2)    A medical professional liability insurer that cancels a policy under paragraph (1) of this subsection is subject to the notice provisions under § 27–603 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 1 - General Provisions › Section 19-115 - Insurance Provider Panels

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Health care provider” means an individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.
(3)    “HMO provider panel” means a provider panel for one or more health maintenance organizations.
(4)    “Insurer provider panel” means a provider panel for one or more insurers engaged in the business of casualty insurance or property insurance.
(5)    “Non–HMO provider panel” means a provider panel for one or more nonprofit health service plans or insurers.
(6)    “Provider contract” means a contract between a health care provider and an entity that contracts with a health care provider to serve on an insurer provider panel, an HMO provider panel, or a non–HMO provider panel.
(b)    (1)    An insurer may not use an insurer provider panel if the provider contract for the insurer provider panel requires a provider to participate on the insurer provider panel as a condition of participating on an HMO provider panel or a non–HMO provider panel.
(2)    An entity arranging an insurer provider panel shall provide a health care provider a schedule of applicable fees for up to the 50 most common services billed by a health care provider in the specialty of the health care provider:
(i)    in writing at the time of execution of a provider contract;
(ii)    in writing or electronically 30 days before a change in the schedule of applicable fees; and
(iii)    in writing or electronically on request of the health care provider.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Additional optional coverage” means a coverage or service that covers the structures, contents, property, or activities on property that is available for purchase in connection with a standard homeowner’s insurance policy.
(c)    “Insurer” means an insurer that issues or delivers a policy of homeowner’s insurance in the State.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-202 - Coverage for Water Damage

(a)    An insurer that issues, sells, or delivers a homeowner’s insurance policy shall at time of application and renewal offer in writing to provide coverage for loss that:
(1)    is caused by or results from water that backs up through sewers or drains; and
(2)    is not caused by the negligence of the insured.
(b)    If an application or renewal is made by telephone, the insurer is deemed to be in compliance with subsection (a) of this section if, within 7 calendar days after the date of application or renewal, the insurer sends the offer to the applicant or insured by a first–class mail tracking method.
(c)    If an application or renewal is made using the Internet, the insurer is deemed to be in compliance with subsection (a) of this section if the insurer provides the offer to the applicant or insured prior to submission of the application or renewal.
(d)    An offer required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
(e)    An insurer may comply with the renewal notice requirements of this section by sending the notice authorized by § 19–216 of this subtitle.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-203 - Liability Coverage for Family Child Care Providers

An insurer that issues or delivers a policy or contract of homeowner’s liability insurance in the State shall offer to provide to a policyholder, who is registered as a family child care provider under Title 9.5, Subtitle 3 of the Education Article, coverage of at least $300,000 for liability that results from bodily injury, property damage, or personal injury arising out of an insured’s activities as a family child care provider.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-204 - Provisions for Payment of Medical Expenses

A policy or contract of homeowner’s liability insurance that contains a representation that the insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to an individual covered by the policy or contract may not be issued unless the policy or contract also provides that the insurer will pay all medical expenses incurred within 3 years after the date of the accident.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-205 - Annual Summary Statements

(a)    (1)    An insurer shall provide a policyholder with an annual statement that summarizes the coverages and exclusions under the policy issued by the insurer.
(2)    The insurer’s statement shall be clear and specific.
(3)    The insurer’s statement shall state whether the coverages under the policy provide for replacement cost, actual cash value, or other method of loss payment for covered structures and contents.
(4)    The insurer’s statement shall include a disclosure that states:
(i)    the policyholder should read the policy for complete information on coverages and exclusions;
(ii)    the policyholder should refer to the declarations page for a listing of coverages purchased;
(iii)    the policyholder should communicate with the insurance producer or the insurer for any additional information regarding the scope of coverages in the policy;
(iv)    the statement does not include additional optional coverage purchased by the policyholder, if any;
(v)    the statement is not part of the policy or contract of insurance and does not create a private right of action;
(vi)    all rights, duties, and obligations are controlled by the policy and contract of insurance; and
(vii)    the standard homeowner’s insurance policy does not cover losses from flood.
(b)    The statement under subsection (a) of this section:
(1)    is not part of the policy or contract of insurance; and
(2)    does not create a private right of action.
(c)    The statement required by subsection (a) of this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
(d)    The Commissioner may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-206 - Insurer to Provide Information and Advice Concerning Flood Insurance

(a)    (1)    An insurer that sells or negotiates homeowner’s insurance in the State shall provide an applicant, at the time a policy of homeowner’s insurance is initially purchased, with a written notice that states that a standard homeowner’s insurance policy does not cover losses from flood.
(2)    If an application is made by telephone, the insurer is deemed to be in compliance with this section if, within 7 calendar days after the date of application, the insurer sends the notice to the applicant or insured by a first–class mail tracking method.
(3)    If an application is made using the Internet, the insurer is deemed to be in compliance with this section if the insurer provides the notice to the applicant prior to the submission of the application.
(b)    The notice shall:
(1)    state that flood insurance may be available through the National Flood Insurance Program or other sources;
(2)    provide the applicant with the contact information for the National Flood Insurance Program;
(3)    advise the applicant to confirm the need for flood insurance with the National Flood Insurance Program or the applicant’s mortgage lender;
(4)    advise the applicant to contact the National Flood Insurance Program, the applicant’s insurer, or the applicant’s insurance producer for information about flood insurance;
(5)    advise the applicant that flood insurance may be available for covered structures and their contents;
(6)    advise the applicant that a claim under a flood insurance policy may be adjusted and paid on a different basis than a claim under a homeowner’s insurance policy; and
(7)    advise the applicant that a separate application must be completed to purchase flood insurance.
(c)    A notice required to be sent by a first–class mail tracking method under this section may be sent with the statement required under § 19–207 of this subtitle.
(d)    A notice provided under this section does not create a private right of action.
(e)    A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-206.1 - Notice to Homeowner or Renter Concerning Exclusions for Certain Breeds of Dogs

(a)    This section applies to an insurer that offers a homeowner’s insurance or renter’s insurance policy in the State that does not provide coverage for losses caused by specific breeds or specific mixed breeds of dogs.
(b)    At the time of application for or issuance of a policy of homeowner’s insurance or renter’s insurance, and at each renewal of a policy of homeowner’s insurance or renter’s insurance, an insurer subject to this section shall provide to an applicant or an insured a written notice that:
(1)    states that the policy does not provide coverage for losses caused by specific breeds or specific mixed breeds of dogs; and
(2)    identifies the specific breeds or specific mixed breeds of dogs for which the policy does not provide coverage.
(c)    An insurer subject to this section may provide the notice required under subsection (b) of this section in the annual statement required under § 19–205 of this subtitle.
(d)    The notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-207 - Statement of Optional Coverage Available

(a)    (1)    An insurer that sells or negotiates homeowner’s insurance in the State shall provide an applicant, at the time of application for homeowner’s insurance, with a written statement that lists all additional optional coverage available from the insurer to the applicant.
(2)    If an application is made by telephone, the insurer is deemed to be in compliance with this section if, within 7 calendar days after the date of application, the insurer sends the statement to the applicant or insured by a first–class mail tracking method.
(3)    If an application is made using the Internet, the insurer is deemed to be in compliance with this section if the insurer provides the statement to the applicant prior to submission of the application.
(b)    The statement shall:
(1)    be on a separate form;
(2)    be titled, in at least 12 point type, “Additional Optional Coverage Not Included in the Standard Homeowner’s Insurance Policy”;
(3)    contain the following disclosure in at least 10 point type:
“Your standard homeowner’s insurance policy does not cover all risks. You may need to obtain additional insurance to cover loss or damage to your home, property, and the contents of your home or to cover risks related to business or personal activities on your property.
This statement provides a list of the types of additional insurance coverage that are available. Contact your insurance company, insurance producer, or insurance agent to discuss these additional coverages.”; and
(4)    contain a list of additional optional coverage.
(c)    A statement required to be sent by a first–class mail tracking method under this section may be sent with the notice required under § 19–206 of this subtitle.
(d)    A statement provided under this section does not create a private right of action.
(e)    A statement required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-208 - Coverage for Additional Living Expenses

(a)    A policy of homeowner’s, fire, farmowner’s, or dwelling insurance that provides coverage for additional living expenses incurred by an insured as a result of a covered loss may not be issued, sold, or delivered in the State if the policy contains language that limits coverage for additional living expenses to a period of time that is less than 12 months.
(b)    A clause in a policy of homeowner’s, fire, farmowner’s, or dwelling insurance that purports to limit coverage for additional living expenses incurred by an insured as a result of a covered loss to a period of time that is less than 12 months is void and unenforceable.
(c)    Notwithstanding subsection (a) of this section, the Commissioner may require an insurer to provide coverage for additional living expenses under a policy of homeowner’s, fire, farmowner’s, or dwelling insurance for up to 24 months if the Commissioner finds that covered property remains uninhabitable due to delays in repair or replacement caused:
(1)    by the insurer; or
(2)    by factors beyond the control of the insured.
(d)    Nothing in this section shall be construed to:
(1)    prohibit or prevent the enforcement of a monetary limit of liability for additional living expenses under a policy of homeowner’s, fire, farmowner’s, or dwelling insurance;
(2)    prohibit an insurer from denying coverage for additional living expenses if the carrier determines that at the time the additional living expenses were incurred the covered property was not unfit to live in; or
(3)    prohibit an insurer from denying coverage for additional living expenses on the grounds that the covered property was unfit to live in at the time that the additional living expenses were incurred because of delays in repair or replacement caused by the insured.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-209 - Underwriting Standard in Homeowner's Insurance Policy

(a)    (1)    Subject to subsections (b), (c), and (d) of this section, an insurer may issue a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy.
(2)    The insurer may:
(i)    require the deductible described in paragraph (1) of this subsection in a policy of the homeowner’s insurance; or
(ii)    offer the deductible described in paragraph (1) of this subsection as an option to an applicant or insured.
(b)    An insurer that has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy shall apply the deductible:
(1)    only beginning at the time the National Hurricane Center of the National Weather Service issues a hurricane warning for any part of the State and ending 24 hours following the termination of the last hurricane warning issued for any part of the State; and
(2)    regardless of where the insured’s home is located in the State.
(c)    (1)    An insurer that issues a policy of homeowner’s insurance may not adopt an underwriting standard that requires a deductible that exceeds 5% of the “Coverage A – Dwelling Limit” of the policy in the case of a hurricane unless the insurer has filed the underwriting standard with the Commissioner.
(2)    The filing required by paragraph (1) of this subsection shall:
(i)    be made at least 60 days before the insurer proposes to implement the underwriting standard in the State; and
(ii)    include:
1.    a copy of the underwriting standard the insurer intends to implement; and
2.    the date on which the insurer intends to implement the underwriting standard.
(3)    An underwriting standard subject to this subsection shall comply with all applicable laws.
(d)    (1)    An insurer that issues a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy or has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy shall provide a policyholder with an annual statement explaining the manner in which the deductible is applied in accordance with § 19–209.1 of this subtitle.
(2)    The insurer shall send a copy of the form used to provide the statement required under paragraph (1) of this subsection to the Commissioner prior to its use.
(e)    The Commissioner may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-209.1 - Underwriting Standard in Homeowner's Insurance Policy -- Duty to Provide Statement About Deductible

(a)    An insurer that issues a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy, or has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy, shall provide an insured with a statement about the deductible at the time the policy of homeowner’s insurance is first issued and at each renewal.
(b)    (1)    The statement required under subsection (a) of this section shall:
(i)    be titled, in at least 12 point type, “Percentage Deductible Notice”;
(ii)    state the actual percentage of the percentage deductible;
(iii)    state the circumstances under which the deductible applies;
(iv)    include an example of how the deductible applies to a loss; and
(v)    include the following statement, or a substantially similar statement, in at least 10 point type:
“Your homeowner’s insurance policy contains a percentage deductible, which means that your deductible for a covered loss will be determined by multiplying the dollar amount of your Coverage A – Dwelling Limit of Liability by this percentage under the following circumstances: (insert explanation of circumstances under which a percentage deductible would be applied)”.
(2)    The example required under paragraph (1)(iv) of this subsection may be provided in the following manner:
“If, at the time of a covered loss, a homeowner’s insurance policy’s Coverage A – Dwelling Limit of Liability is $300,000 and the policy includes a 2% deductible, the policyholder will be responsible for paying a deductible of $6,000 on a claim for a covered loss ($300,000 x 2%). This means that, for example:
If the covered loss to the dwelling is $25,000 and the covered loss to personal property is $10,000 for a total covered loss of $35,000, the policyholder is responsible for paying a $6,000 deductible and the insurer is responsible for the balance of the covered loss, or $29,000.
If the covered loss to the dwelling is $5,000, the policyholder is responsible for paying the entire covered loss because the total amount of the covered loss is less than the percentage deductible, which is $6,000.”.
(c)    (1)    An insurer may satisfy the requirements of subsection (b) of this section if, on the declarations page of the policy of homeowner’s insurance or in a separate statement, the insurer states:
(i)    the actual percentage of the percentage deductible;
(ii)    the dollar amount of the percentage deductible as it relates to the policy of homeowner’s insurance; and
(iii)    the circumstances under which the deductible applies.
(2)    The statement shall be titled, in at least 12 point type, “Percentage Deductible Notice”.
(d)    The statement required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-210 - Actuarially Justified Premium Discount

(a)    An insurer shall offer at least one actuarially justified premium discount on a policy of homeowner’s insurance to a policyholder who submits proof of improvements made to the insured premises as a means of mitigating loss from a hurricane or other storm.
(b)    Means of mitigating loss include:
(1)    the installation of one or more of the following:
(i)    hurricane shutters;
(ii)    secondary water barrier;
(iii)    reinforced roof coverings;
(iv)    braced gable ends;
(v)    reinforced roof to wall connections;
(vi)    tie downs; and
(vii)    reinforced opening protections;
(2)    repair or replacement of:
(i)    exterior doors, including garage doors;
(ii)    hurricane resistant trusses, studs, and other structural components; and
(iii)    repair or replacement of manufactured home piers, anchors, and tie down straps; and
(3)    any mitigation effort that materially mitigates loss from a hurricane or other storm otherwise covered under the policy.
(c)    Improvements made to the insured premises under this section shall be inspected by a contractor licensed by the Maryland Department of Labor.
(d)    (1)    An insurer shall be allowed to inspect the improvements that are the basis of a premium discount under this section.
(2)    (i)    Verification of improvements that are the basis of a premium discount under this section rests with the insurer.
(ii)    An insurer may accept an inspection certificate issued by a governmental agency as verification of improvements that are the basis of a premium discount under this section.
(e)    A premium discount offered under this section shall:
(1)    comply with the provisions of Title 11 of this article; and
(2)    only be offered for improvements identified by the Commissioner as qualified mitigation actions made to the insured premises that may materially mitigate loss from a hurricane or other storm otherwise covered under the policy.
(f)    (1)    An insurer that offers a premium discount under this section shall provide a policyholder with an annual statement regarding the availability of the discount and the method of applying for the discount.
(2)    The notice required under paragraph (1) of this subsection may be sent with the statement required under § 19–205 of this subtitle.
(3)    An insurer may comply with the renewal notice requirements of this subsection by sending the notice authorized by § 19–216 of this subtitle.
(g)    The notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
(h)    The Commissioner may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-211 - Catastrophic Risk Planning Model

(a)    (1)    If an insurer uses a catastrophic risk planning model or other model in setting homeowner’s insurance rates or refusing to issue or renew homeowner’s insurance because of the geographic location of the risk, the insurer shall:
(i)    file with the Commissioner a description of the specific model used in setting the rate or refusing to issue or renew homeowner’s insurance because of the geographic location of the risk; and
(ii)    make arrangements for the vendor of the model to explain to the Commissioner and the People’s Insurance Counsel the data used in the model and the manner in which the output is obtained.
(2)    If at any time an insurer changes the catastrophic risk planning model or other model upon which it is relying, the insurer shall notify the Commissioner of the change and comply with paragraph (1) of this subsection.
(b)    (1)    The information filed under subsection (a) of this section is proprietary and confidential commercial information under § 4–335 of the General Provisions Article.
(2)    The People’s Insurance Counsel shall maintain the confidentiality of any proprietary and confidential commercial information to which the People’s Insurance Counsel obtains access under subsection (a) of this section.
(c)    The Commissioner may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-213 - Additional Payments for Replacement Costs

(a)    Each policy of homeowner’s, farmowner’s, or dwelling insurance issued, sold, or delivered in the State that provides property coverage for a dwelling or personal property on a replacement cost basis shall contain a provision that allows an insured to file a claim for the difference between the actual cash value and the replacement cost for the completed repairs or replacement for not less than 2 years after the date of loss.
(b)    An insurer may require an insured seeking additional payments on a replacement cost basis to notify the insurer, within 180 days after the date of loss, of the insured’s intent to repair or replace the dwelling or personal property.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-214 - Limitation on Number of Claims Made -- Notice

(a)    An insurer that offers homeowner’s insurance in the State shall provide a written notice to the insured at the time of application or issuance and at each renewal of the policy that states, in substantially similar language, that, in addition to the other allowable reasons for cancellation or refusal to renew under Maryland law:
(1)    the insurer may cancel or refuse to renew coverage on the basis of the number of claims made by the policyholder within the preceding 3–year period; and
(2)    the insurer may cancel or refuse to renew coverage on the basis of:
(i)    three or more weather–related claims made within the preceding 3–year period;
(ii)    one or more weather–related claims made within the preceding 3–year period if the insurer has provided written notice to the insured for reasonable or customary repairs or replacement specific to the insured’s premises or dwelling that:
1.    the insured failed to make; and
2.    if made, would have prevented the loss for which a claim was made; and
(iii)    a change in the physical condition or contents of the premises that:
1.    increases the hazard insured against; and
2.    if present and known to the insurer before the issuance of the policy, would have caused the insurer to refuse to issue the policy.
(b)    In order to support cancellation or refusal to renew under subsection (a)(2)(ii) of this section, the written notice:
(1)    must refer to specific conditions known to the insurer concerning the insured’s specific premises or dwelling; and
(2)    may not be a general notification of repairs or replacements common to that type of premises or dwelling.
(c)    A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
(d)    An insurer may comply with the renewal notice requirements of this section by sending the notice authorized by § 19–216 of this subtitle.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-215 - Anti-Concurrent Causation Clause

(a)    An insurer that issues a policy of homeowner’s insurance in the State that contains an anti–concurrent causation (ACC) clause shall provide a policyholder each year with a notice that:
(1)    is clear and specific;
(2)    describes the ACC clause;
(3)    informs the insured to read the policy for complete information on the exclusions; and
(4)    states that the insured should communicate with the insurance producer or the insurer for additional information regarding the scope of the exclusions.
(b)    The notice under subsection (a) of this section:
(1)    is not part of the policy or contract of insurance; and
(2)    does not create a private right of action.
(c)    A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
(d)    The Commissioner may adopt regulations to implement this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 2 - Homeowner's Insurance Policies › Section 19-216 - Notice at Renewal of Areas of Concern

(a)    The Commissioner shall adopt by regulation a notice to be provided to insureds or policyholders at each renewal regarding areas of concerns, including:
(1)    flood;
(2)    coverage for loss from water that backs up through sewers and drains;
(3)    deductibles;
(4)    storm loss protective device discount;
(5)    claims history; and
(6)    increased hazard.
(b)    The notice provided under subsection (a) of this section shall:
(1)    be written in clear and specific language; and
(2)    contain the following language in at least 10 point type:
“This notice is not your policy, does not give you any new or additional rights beyond those expressly stated in your policy, and does not alter your policy in any way.”.
(c)    The notice provided under subsection (a) of this section does not create a private right of action.
(d)    An insurer may provide the renewal notices required by §§ 19–202, 19–205(a)(4)(vii), 19–210(f), and 19–214(a) of this subtitle and § 27–501(n)(2) of this article by sending the notice authorized by subsection (a) of this section.
(e)    The notice authorized by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-301 - "Antiarson Application" Defined

In this subtitle, “antiarson application” means an application for property insurance covering the peril of fire that:
(1)    requires an applicant to provide the basic information normally supplied to an insurer by an applicant for that type of coverage; and
(2)    includes certain additional questions to be answered by the applicant.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-302 - Purpose and Scope of Subtitle

(a)    The purpose of this subtitle is to promote the public welfare by reducing fire damage to property and loss of life that is caused by the crime of arson by requiring insurers to secure antiarson applications that contain information to control the incidence of arson fraud from applicants for new policies of property insurance.
(b)    This subtitle does not apply to a renewal of an existing property insurance policy or contract.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-304 - Antiarson Application Required

(a)    If, after a public hearing, the Commissioner finds that there is an abnormally high incidence of arson in properties that are insured through commercial monoline fire policies, have a certain type of occupancy, or are located in a certain geographic area of the State, the Commissioner shall require that an antiarson application be used to obtain property insurance covering the peril of fire for property that is insured through that type of policy, has that type of occupancy, or is located in that geographic area of the State.
(b)    The Commissioner shall require that an antiarson application be completed when a property insurance policy or contract covering the peril of fire is assigned because of the transfer of a major financial interest in the insured real property, if an antiarson application otherwise would be required under this subtitle.
(c)    If, after a public hearing, the Commissioner finds that properties that are insured through a type of policy other than a commercial monoline fire policy have an abnormally high incidence of arson, the Commissioner may extend the application of this subtitle to properties insured through that other type of policy.
(d)    (1)    The Commissioner may not require the use of any application for property insurance covering the peril of fire other than an antiarson application.
(2)    Paragraph (1) of this subsection does not prohibit the Commissioner from requiring the use of alternative antiarson applications in accordance with § 19-306 of this subtitle.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-305 - Antiarson Application Form

(a)    (1)    The Commissioner shall adopt a two-tier antiarson application form that requires an applicant to complete a second-tier supplementary application if the initial first-tier application elicits certain predesignated answers.
(2)    In adopting the antiarson application form, the Commissioner shall consider generally recognized two-tier application forms.
(b)    An antiarson application shall include:
(1)    the name and address of the applicant, any mortgagee, and any other party with an ownership interest in the property to be insured;
(2)    the amount of insurance requested and the method of valuation used to establish that amount;
(3)    the dates and selling prices of the property to be insured in all real estate transactions involving the property during the 3-year period immediately preceding the date of the antiarson application;
(4)    the applicant’s history of losses during the 5-year period immediately preceding the date of the antiarson application with regard to any property:
(i)    in which the applicant held an interest, including a partnership or mortgage interest, that is substantial; and
(ii)    that sustained a fire loss exceeding 25% of the insured value;
(5)    all taxes that are unpaid or overdue for 1 or more years; and
(6)    the present occupancy of the property to be insured.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-306 - Alternative Antiarson Applications

(a)    The Commissioner may require the use of an alternative antiarson application if, after a public hearing, the Commissioner finds that:
(1)    there is an abnormally high incidence of arson in properties that are insured through a certain type of policy, are in a certain class of property, or are located in a certain geographic area of the State; and
(2)    in accordance with this subtitle, the antiarson application described in § 19-305 of this subtitle was implemented with respect to that type of policy, class of property, or geographic area of the State.
(b)    An alternative antiarson application may be mandated only for the types of policies, types of occupancies, and geographic areas of the State that otherwise would require the use of an antiarson application under this subtitle.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-307 - Antiarson Application as Part of Policy; Notice of Changes

(a)    (1)    An antiarson application required under this subtitle is a material part of the policy to which the application pertains.
(2)    A material misrepresentation in an antiarson application is grounds to rescind the policy.
(b)    (1)    Within a reasonable time as specified by the Commissioner, a policyholder shall notify the policyholder’s insurer in writing of any change in the information contained in an antiarson application.
(2)    A material failure to give the notice required in paragraph (1) of this subsection, or a material misrepresentation in a notification, is grounds to rescind the policy.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-308 - Limitations on Insurer

(a)    (1)    This subsection does not apply to a contract to insure an owner-occupied dwelling for one to four families.
(2)    If an antiarson application is required under this subtitle with regard to a building, an insurer may not enter into a contract to be issued after July 1, 1982, to insure the building against the peril of fire unless the insurer first receives an antiarson application signed and affirmed by the insured.
(b)    The designation of any geographic area of the State by the Commissioner under this subtitle is not a valid reason for an insurer to refuse to issue or renew or to terminate any policy or insurance contract.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 3 - Fire Insurance Application Act › Section 19-309 - Termination of Policy or Contract Issued Under Antiarson Application

(a)    Notwithstanding any other law to the contrary, an insurer, for any reason not prohibited by law, may terminate any policy or insurance contract for which an antiarson application or alternative antiarson application is required under this subtitle at any time within 90 days after the insurer accepts the antiarson application or alternative antiarson application.
(b)    An insurer shall state the specific reasons for terminating a policy or insurance contract in the notice of termination to the insured.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 4 - Workers' Compensation Insurance › Section 19-402 - Requirements

(a)    An insurer may not issue a workers’ compensation insurance policy unless the State Workers’ Compensation Commission has approved the form of the policy.
(b)    Each policy of workers’ compensation insurance shall include the following provisions:
(1)    the State Workers’ Compensation Commission, in the name of the State and for the benefit of a person entitled to compensation under the policy, may enforce the liability of the insurer for payment of compensation by:
(i)    making the insurer a party to the original claim application; or
(ii)    filing a separate claim application;
(2)    the bankruptcy or insolvency of an employer does not relieve the insurer from payment of compensation for injury or death of a covered employee occurring during the life of the policy;
(3)    as between the employee and the insurer, if the employer receives notice or has knowledge of the occurrence of an accidental injury, occupational disease, hernia, or hearing loss, the insurer is deemed also to have received the notice or have the knowledge;
(4)    for the purposes of Titles 9 and 10 of the Labor and Employment Article, the insurer is subject to the same jurisdiction as the employer; and
(5)    each award, decision, finding, or order against the employer for payment of compensation under Titles 9 and 10 of the Labor and Employment Article also is binding on the insurer.
(c)    (1)    A person that violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    The Commissioner may revoke the certificate of authority of a person that is convicted under this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 4 - Workers' Compensation Insurance › Section 19-403 - Setting Premium Rates

(a)    The Commissioner may:
(1)    determine whether the premium rates of an insurer adequately cover the risks applicable to a workers’ compensation insurance policy under Titles 9 and 10 of the Labor and Employment Article; and
(2)    require the insurer to set premium rates that are adequate to cover those risks.
(b)    Each insurer shall set premium rates for workers’ compensation insurance in accordance with the requirements of the Commissioner under subsection (a) of this section.
(c)    (1)    A person that violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    The Commissioner may revoke the certificate of authority of a person that is convicted under this section.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 4 - Workers' Compensation Insurance › Section 19-404 - Deductibles

(a)    A workers’ compensation insurance policy issued or delivered in the State may provide for deductibles.
(b)    When a claim is payable under a workers’ compensation insurance policy with deductibles:
(1)    the insurer shall pay the claim including any applicable deductible; and
(2)    the employer shall reimburse the insurer for any amount paid up to the limit of any applicable deductible.
2023 Maryland Statutes › Insurance › Title 19 - Property and Casualty Insurance › Subtitle 4 - Workers' Compensation Insurance › Section 19-405 - Renewals

When a workers’ compensation insurance policy is renewed, the insurer shall give the employer a conspicuous written notice that:
(1)    the employer must have a work permit for each minor employee as required by Title 3, Subtitle 2 of the Labor and Employment Article; and
(2)    if the employer does not have a work permit for a minor employee:
(i)    the State Workers’ Compensation Commission may award twice the compensation and death benefits otherwise allowed under Title 9, Subtitle 6 of the Labor and Employment Article in a claim by that employee or that employee’s dependent; and
(ii)    the employer is solely liable for any increase in compensation or death benefits in a claim by that employee or that employee’s dependent.