reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 1 - General Provisions › Section 27-104 - Procedures for Practices Not Expressly Defined

(a)    If the Commissioner believes that a person engaged in the insurance business is engaging in the State in a method of competition or in an act or practice in the conduct of insurance business that, although not defined in this title, is an unfair method of competition or an unfair or deceptive act or practice and that a proceeding by the Commissioner with respect to the method of competition, act, or practice would be in the public interest, the Commissioner shall:
(1)    give the person notice of the hearing and the charges against the person;
(2)    hold the hearing;
(3)    make a written report of the Commissioner’s findings of fact about the charges; and
(4)    serve a copy of the report on the person against whom the charges were brought and any intervenor at the hearing.
(b)    (1)    If the report charges a violation of this title and the unfair method of competition or unfair or deceptive act or practice continues, the Commissioner, through the Attorney General, after service of the report, may bring an action to enjoin and restrain the person from engaging in the method of competition, act, or practice.
(2)    The Commissioner’s report and findings, all evidence taken in the hearing, and, if a stenographic record of the proceedings in the hearing before the Commissioner was made, a certified transcript of the hearing shall be received in evidence in an action under this subsection.
(3)    In an action under this subsection, the court may issue an injunction or restraining order on any terms that are just.
(4)    The court may not require the Commissioner to give security before the court issues the injunction or restraining order.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 1 - General Provisions › Section 27-105 - Appeal by Intervenor

If an order issued by the Commissioner under § 27-103 of this subtitle or a report of the Commissioner made under § 27-104 of this subtitle does not charge a violation of this title, any intervenor in the proceedings may appeal from the order or report in the time and manner provided in this article for appeals from orders of the Commissioner generally.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-202 - Misrepresentations About Policies

A person may not:
(1)    make, issue, circulate, or cause to be made, issued, or circulated an estimate, circular, or statement that misrepresents the terms of a policy issued or to be issued, the benefits or advantages promised by the policy, or the dividends or share of the surplus to be received on the policy;
(2)    make a false or misleading statement about the dividends or share of the surplus previously paid on similar policies;
(3)    make a misleading representation or any misrepresentation about the financial condition of an insurer or about the legal reserve system on which a life insurer operates; or
(4)    use a name or title of a policy or class of policies that misrepresents the true nature of the policy or class of policies.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-203 - False Advertisements About Insurance Business

A person may not make, publish, disseminate, circulate, place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication, in the form of a notice, circular, pamphlet, letter, or poster, over a radio or television station, or in any other way, an advertisement, announcement, or statement that contains an assertion, representation, or statement about the business of insurance or about a person in the conduct of the person’s insurance business that is untrue, deceptive, or misleading.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-204 - False Statements About Insurers

A person may not make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of an oral or written statement or a pamphlet, circular, article, or literature that:
(1)    is false or maliciously critical of or derogatory to the financial condition of an insurer or person proposing to become an insurer; and
(2)    is calculated to injure a person engaged in or proposing to engage in the business of insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-205 - False Statements of Financial Condition of Insurer

(a)    A person may not knowingly file with a supervisory or other public official, make, publish, disseminate, circulate, deliver to another person, place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, delivered to another person, or placed before the public a false statement of the financial condition of an insurer.
(b)    A person may not:
(1)    make a false entry in a book, report, or statement of an insurer with intent to deceive an agent or examiner lawfully appointed to examine the condition or affairs of the insurer or a public official to whom the insurer is required by law to report or who has authority by law to examine the condition or affairs of the insurer; or
(2)    with intent to deceive, willfully omit to make a true entry of a material fact about the business of the insurer in a book, report, or statement of the insurer.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-206 - Boycott, Coercion, and Intimidation

A person may not enter into an agreement to commit, or by concerted action commit, an act of boycott, coercion, or intimidation that results in or tends to result in unreasonable restraint of or monopoly in the business of insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-207 - Stock and Contracts as Inducement to Insurance

A person may not issue, deliver, or allow an agent, officer, or employee of the person to issue or deliver agency company stock or other capital stock, benefit certificates or shares in a corporation, or an advisory board contract or other similar contract that promises returns and profits as an inducement to insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-209 - Rebates -- Life Insurance, Health Insurance, and Annuities

(a)    Except as otherwise expressly provided by law, a person, including a health maintenance organization, may not knowingly:
(1)    allow, make, or offer to make a contract of life insurance or health insurance or an annuity contract or an agreement as to the contract other than as plainly expressed in the contract;
(2)    pay, allow, give, or offer to pay, allow, or give directly or indirectly as an inducement to the insurance or annuity:
(i)    a rebate of premiums payable on the contract;
(ii)    a special favor or advantage in the dividends or other benefits under the contract;
(iii)    paid employment or a contract for services of any kind; or
(iv)    any valuable consideration or other inducement not specified in the contract;
(3)    directly or indirectly give, sell, purchase, offer or agree to give, sell, or purchase, or allow as inducement to the insurance or annuity or in connection with the insurance or annuity, regardless of whether specified in the policy or contract, an agreement that promises returns and profits, or stocks, bonds, or other securities, or a present or contingent interest in or measured by stocks, bonds, or other securities, of an insurer or other corporation, association, or partnership, or dividends or profits accrued or to accrue on stocks, bonds, or other securities; or
(4)    offer, promise, or give any valuable consideration not specified in the contract, except for educational materials, promotional materials, or articles of merchandise that cost no more than $50.
(b)    A person may not make receipt of any educational materials, promotional materials, or articles of merchandise under subsection (a)(4) of this section contingent on the sale or purchase of insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-210 - Effect of 27-208 and 27-209 of This Subtitle

(a)    Sections 27–208 and 27–209 of this subtitle may not be construed to include within the definition of discrimination or rebates any of the practices set forth in this section.
(b)    For a contract of life insurance or an annuity contract, it is not discrimination or a rebate to pay bonuses to policyholders or otherwise abate their premiums wholly or partly out of the surplus accumulated from nonparticipating insurance, if the bonuses or abatement of premiums is fair, equitable to, and in the best interest of policyholders.
(c)    For policies of life insurance or health insurance issued on the industrial debit, preauthorized check, bank draft, or similar plans, it is not discrimination or a rebate to make an allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer or by preauthorized check, bank draft, or similar plans in an amount that fairly represents the savings in collection expense.
(d)    It is not discrimination or a rebate to readjust the rate of premium for a group policy based on the loss or expense experience under the policy, at the end of any policy year, retroactive only for that policy year.
(e)    It is not discrimination or a rebate to reduce the premium rate for policies of large amount, if the reduction does not exceed savings in issuance and administrative expenses reasonably attributable to policies of large amount as compared with policies of similar plan issued in smaller amounts.
(f)    It is not discrimination or a rebate to issue policies of life insurance or health insurance or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at a reduced rate reasonably commensurate with the savings made by use of the plan.
(g)    It is not discrimination or a rebate to issue policies of health insurance that provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse for specified periods.
(h)    (1)    In this subsection, “wellness program” means a program that:
(i)    meets the requirements of a participatory wellness program or a health–contingent wellness program under § 15–509 of this article; and
(ii)    is provided as a benefit outside of the health insurance or health maintenance organization contract.
(2)    It is not discrimination or a rebate for a carrier to provide reasonable incentives to an individual who is an insured, a subscriber, or a member for participation in a wellness program offered by the carrier.
(3)    Any incentive offered for participation in a wellness program:
(i)    shall be reasonably related to the wellness program; and
(ii)    may not have a value that exceeds any limit established in regulations adopted by the Commissioner.
(4)    The Commissioner shall adopt regulations to implement the provisions of this subsection.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-211 - Use of Insurance as Inducement

(a)    This section does not apply to:
(1)    insurance on the life of a debtor in connection with a specific loan or other credit transaction;
(2)    insurance on a debtor that provides indemnity for payments that are due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy; or
(3)    life insurance or an annuity used to fund a pre-need contract as defined in § 7-101 of the Health Occupations Article or a preneed burial contract as defined in § 5-701 of the Business Regulation Article.
(b)    An insurer may not directly or indirectly, or by an insurance producer or representative of the insurer, participate in a plan to offer or effect a kind or kinds of life insurance, health insurance, or annuities in the State as an inducement to, or in combination with, the purchase by the public of goods, securities, commodities, services or subscriptions to periodicals.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-212 - Rebates and Unfair Discrimination -- Insurance Other Than Life Insurance, Health Insurance, and Annuities

(a)    This section does not apply to life insurance, health insurance, and annuities.
(b)    Except to the extent provided for in an applicable filing with the Commissioner as provided by law, an insurer, employee or representative of an insurer or insurance producer may not pay, allow, give, or offer to pay, allow, or give directly or indirectly as an inducement to insurance or after insurance has become effective:
(1)    a rebate, discount, abatement, credit, or reduction of the premium stated in the policy;
(2)    a special favor or advantage in the dividends or other benefits to accrue on the policy; or
(3)    any valuable consideration or other inducement not specified in the policy.
(c)    An insured named in a policy or an employee of the insured may not knowingly receive or accept directly or indirectly a rebate, discount, abatement, credit, reduction of premium, special favor, advantage, valuable consideration, or inducement described in subsection (b) of this section.
(d)    (1)    Except as otherwise provided by law, a person may not knowingly offer, promise, or give any valuable consideration not specified in the policy, except for educational materials, promotional materials, or articles of merchandise that cost no more than $50.
(2)    A person may not make receipt of any educational materials, promotional materials, or articles of merchandise under this subsection contingent on the sale or purchase of insurance.
(e)    (1)    An insurer may not make or allow unfair discrimination between insureds or properties having like insuring or risk characteristics in:
(i)    the premium or rates charged for insurance;
(ii)    the dividends or other benefits payable on the insurance; or
(iii)    any of the other terms or conditions of the insurance.
(2)    Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for a reason based on the sex, physical handicap, or disability of an applicant or policyholder unless there is actuarial justification for the differential.
(f)    This section does not prohibit an insurer from:
(1)    paying commissions or other compensation to licensed insurance producers;
(2)    paying commissions to licensed insurance producers on a variable basis on policies issued to qualified exempt commercial policyholders, as defined in § 11–206 of this article, if:
(i)    the payment of the commission to the insurance producer on a variable basis results in a lower total cost of the policy to the qualified exempt commercial policyholder; and
(ii)    the insurance producer receiving the commission has agreed to the specific level of commission to be paid on the policy; or
(3)    allowing or returning to its participating policyholders, members, or subscribers lawful dividends, savings, or unabsorbed premium deposits.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-213 - Twisting Prohibited

A person may not make, issue, or cause to be made or issued an oral or written statement that misrepresents or makes incomplete comparisons about the terms, conditions, or benefits contained in a policy for the purpose of inducing or attempting or tending to induce the policyholder to forfeit, surrender, retain, exchange, or convert a policy or allow a policy to lapse.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-214 - Coerced or Tie-in Sales

(a)    (1)    A person may not require another person to buy insurance through a particular insurance producer or insurer as a condition, agreement, or understanding with respect to selling or providing a loan, credit, sale, goods, property, contract, lease, or service to the other person.
(2)    An insurance producer or insurer may not participate in a combination plan or transaction prohibited by paragraph (1) of this subsection.
(b)    (1)    A person may not solicit the combination of insurance and other matters prohibited by subsection (a) of this section.
(2)    An insurance producer or insurer may not participate in a plan of public solicitation of the combination of insurance and other matters prohibited by subsection (a) of this section.
(3)    This subsection does not prohibit a person from being an insurance producer and engaging in another business at the same time or place if:
(i)    the sales of insurance and other matters are not combined or coerced as prohibited by subsection (a) of this section; and
(ii)    the buyer or other person has the free choice of insurance.
(c)    (1)    Violation of this section does not invalidate any contract or transaction.
(2)    Notwithstanding a combination contract, tying agreement, understanding, or condition to the contrary, the person required to buy or pay for insurance or to bid ex–insurance may substitute at any time other insurance from insurance producers or insurers chosen by the person, or may decline further insurance coverage if the insurance is other than to protect the interest of a lender, property owner, or other person.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-215 - Interlocking Ownership or Management

(a)    An insurer may retain, invest in, or acquire all or part of the capital stock of another insurer or have common management with another insurer, unless the retention, investment, acquisition, or common management is inconsistent with another provision of this article or causes the business of the insurers with the public to be conducted in a manner that substantially lessens competition generally in the insurance business or tends to create a monopoly in the insurance business.
(b)    An individual otherwise qualified may be director of two or more insurers that are competitors, unless the effect substantially lessens competition between insurers generally or tends materially to create a monopoly.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-217 - Group Insurance

(a)    This section does not apply to:
(1)    life insurance;
(2)    health insurance;
(3)    annuity contracts; or
(4)    a pooling arrangement by athletic clubs, charitable organizations, community associations, homeowners’ associations, and public entities under Title 19, Subtitle 6 of this article to purchase insurance under this section.
(b)    An authorized insurer or unauthorized insurer may not make available to a firm, corporation, or association of individuals through a rating plan or form, property insurance, casualty insurance, or surety insurance at a preferred rate or premium based on a fictitious group of the firm, corporation, or association of individuals.
(c)    A form or plan of insurance that covers a group or combination of persons or risks may not be written or delivered in or outside the State to cover persons or risks in the State at a preferred rate or on a form other than the rate or form offered to the public generally, including persons not in the group or combination, unless the form, plan of insurance, and rates or premiums to be charged have been submitted to and approved by the Commissioner as:
(1)    not unfairly discriminatory; and
(2)    not otherwise in conflict with subsection (b) of this section or, to the extent applicable, Title 11, Subtitle 2 of this article.
(d)    The Commissioner shall adopt regulations to carry out subsection (c) of this section as it applies to property insurance or casualty insurance on motor vehicles.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-218 - Burial Insurance Benefits

(a)    All burial insurance benefits shall be paid in cash to the beneficiary.
(b)    A person engaged in the business of burial insurance may not pay or contract to pay wholly or partly burial insurance or its benefits to:
(1)    an official mortician, funeral director, or undertaker;
(2)    a designated mortician, funeral director, undertaker, or funeral directing or undertaking concern; or
(3)    a particular tradesperson or businessperson.
(c)    This section does not apply to life insurance or an annuity used to fund a pre-need contract as defined in § 7-101 of the Health Occupations Article or a preneed burial contract as defined in § 5-701 of the Business Regulation Article.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-220 - Maryland Children's Health Program

An insurance producer or insurer may not refer an individual employee or dependent of an employee to the Maryland Children’s Health Program established under Title 15, Subtitle 3 of the Health - General Article or arrange for an individual employee or dependent of an employee to apply for the Maryland Children’s Health Program established under Title 15, Subtitle 3 of the Health - General Article if the insurance producer or insurer has an economic interest in the referral or the arrangement and the insurance producer’s or insurer’s sole purpose is to separate that employee or that employee’s dependent from group health insurance coverage provided in connection with the employee’s employment.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-221 - Prohibition Against Reunderwriting

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Carrier” means a person that is:
(i)    an insurer that holds a certificate of authority in the State and provides health insurance in the State;
(ii)    a health maintenance organization that holds a certificate of authority to operate in the State; or
(iii)    a nonprofit health service plan that holds a certificate of authority to operate in the State.
(3)    “Health coverage” means any of the following:
(i)    a health insurance contract that is issued or delivered in the State by an insurer;
(ii)    a contract that is issued or delivered in the State by a nonprofit health service plan; or
(iii)    a contract that is issued or delivered in the State by a health maintenance organization.
(4)    “Health status-related factor” has the meaning stated in § 15-1301 of this article.
(5)    “Individual contract” means a contract between a carrier and an individual covering:
(i)    the individual;
(ii)    the individual and the individual’s family members; or
(iii)    the family members of the individual.
(6)    (i)    “Reunderwrite” means to reevaluate any health status-related factor, occupation, hobby, or activity of an individual for the purpose of:
1.    terminating health coverage of the individual; or
2.    moving the individual from a more favorable rate class to a less favorable rate class.
(ii)    “Reunderwrite” does not include:
1.    moving an individual from one rate tier to another rate tier solely due to the addition or deletion of a family member under the health coverage;
2.    increasing the premium under an attained age rated contract solely due to the increasing age of the individual covered under the health coverage;
3.    on receipt of an application from an insured to increase the benefits under an existing contract, evaluating the health status-related factors, occupation, hobbies, or activities of the insured for the purpose of increasing the benefits under the contract; or
4.    during the period in which a carrier has the right to contest a policy, denying a claim, amending the policy, making an adjustment to the premium, or rescinding the policy based on a material misrepresentation or fraud in the application.
(b)    A carrier may not reunderwrite an individual for health coverage under an individual contract after the individual contract has been issued.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-223 - Misleading Use of Senior or Retiree Credential or Designation

(a)    It is unlawful for any insurance producer to use a senior or retiree credential or designation in a way that is or would be misleading in connection with the offer, sale, or purchase of life insurance, health insurance, or annuities.
(b)    (1)    The Commissioner, in consultation with the Securities Commissioner of the Division of Securities in the Office of the Attorney General, shall adopt regulations to define what constitutes a misleading use of a senior or retiree credential or designation for purposes of subsection (a) of this section.
(2)    The regulations adopted by the Commissioner may provide exemptions from subsection (a) of this section, if the exemptions are consistent with the public interest and within the purposes intended by the policy and provisions of this title.
(c)    A violation of subsection (a) of this section constitutes a lack of trustworthiness for the purposes of § 10–126(a)(13) of this article.
(d)    This section may not be construed to limit any powers of the Commissioner granted under this title.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-224 - Compliance With Federal Medicare Marketing Guidelines

When soliciting or advertising the sale of a Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, Medicare Prescription Drug Plan (Part D), or Medicare Section 1876 cost plan, an insurance producer shall comply with the Centers for Medicare and Medicaid Services’ Medicare Marketing Guidelines, as may be amended from time to time, including the prohibitions against:
(1)    engaging in door–to–door solicitation, including leaving written information at a residence or on a vehicle;
(2)    approaching a Medicare beneficiary in a common area, including a parking lot, hallway, lobby, or sidewalk; and
(3)    engaging in telephone or electronic solicitation.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 2 - Unfair Methods of Competition and Unfair and Deceptive Acts or Practices › Section 27-225 - Prohibition Against Confessed Judgment Clause in Bail Bond Agreements

(a)    In this section “bail bond” has the meaning stated in § 10–301 of this article.
(b)    A confessed judgment clause that waives a consumer’s right to assert a legal defense to an action may not be included in a bail bond agreement.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-301 - Intent and Effect of Subtitle

(a)    The intent of this subtitle is to provide an additional administrative remedy to a claimant for a violation of this subtitle or a regulation that relates to this subtitle.
(b)    (1)    This subtitle provides administrative remedies only.
(2)    This subtitle does not provide or prohibit a private right or cause of action to, or on behalf of, a claimant or other person in any state.
(3)    This subtitle does not impair the right of a person to seek redress in law or equity for conduct that otherwise is actionable.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-302 - Scope of Subtitle

(a)    This subtitle applies to each individual or group policy, contract, or certificate of an insurer, nonprofit health service plan, or health maintenance organization that:
(1)    is delivered or issued in the State;
(2)    is issued to a group that has a main office in the State; or
(3)    covers individuals who reside or work in the State.
(b)    This subtitle does not apply to:
(1)    reinsurance;
(2)    workers’ compensation insurance; or
(3)    surety insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-303 - Unfair Claim Settlement Practices -- in General

It is an unfair claim settlement practice and a violation of this subtitle for an insurer, nonprofit health service plan, or health maintenance organization to:
(1)    misrepresent pertinent facts or policy provisions that relate to the claim or coverage at issue;
(2)    refuse to pay a claim for an arbitrary or capricious reason based on all available information;
(3)    attempt to settle a claim based on an application that is altered without notice to, or the knowledge or consent of, the insured;
(4)    fail to include with each claim paid to an insured or beneficiary a statement of the coverage under which payment is being made;
(5)    fail to settle a claim promptly whenever liability is reasonably clear under one part of a policy, in order to influence settlements under other parts of the policy;
(6)    fail to provide promptly on request a reasonable explanation of the basis for a denial of a claim;
(7)    fail to meet the requirements of Title 15, Subtitle 10B of this article for preauthorization for a health care service;
(8)    fail to comply with the provisions of Title 15, Subtitle 10A of this article;
(9)    fail to act in good faith, as defined under § 27–1001 of this title, in settling a first–party claim under a policy of property and casualty insurance; or
(10)    fail to comply with the provisions of § 16–118 of this article.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-304 - Unfair Claim Settlement Practices -- General Business Practice

It is an unfair claim settlement practice and a violation of this subtitle for an insurer, nonprofit health service plan, or health maintenance organization, when committed with the frequency to indicate a general business practice, to:
(1)    misrepresent pertinent facts or policy provisions that relate to the claim or coverage at issue;
(2)    fail to acknowledge and act with reasonable promptness on communications about claims that arise under policies;
(3)    fail to adopt and implement reasonable standards for the prompt investigation of claims that arise under policies;
(4)    refuse to pay a claim without conducting a reasonable investigation based on all available information;
(5)    fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(6)    fail to make a prompt, fair, and equitable good faith attempt, to settle claims for which liability has become reasonably clear;
(7)    compel insureds to institute litigation to recover amounts due under policies by offering substantially less than the amounts ultimately recovered in actions brought by the insureds;
(8)    attempt to settle a claim for less than the amount to which a reasonable person would expect to be entitled after studying written or printed advertising material accompanying, or made part of, an application;
(9)    attempt to settle a claim based on an application that is altered without notice to, or the knowledge or consent of, the insured;
(10)    fail to include with each claim paid to an insured or beneficiary a statement of the coverage under which the payment is being made;
(11)    make known to insureds or claimants a policy of appealing from arbitration awards in order to compel insureds or claimants to accept a settlement or compromise less than the amount awarded in arbitration;
(12)    delay an investigation or payment of a claim by requiring a claimant or a claimant’s licensed health care provider to submit a preliminary claim report and subsequently to submit formal proof of loss forms that contain substantially the same information;
(13)    fail to settle a claim promptly whenever liability is reasonably clear under one part of a policy, in order to influence settlements under other parts of the policy;
(14)    fail to provide promptly a reasonable explanation of the basis for denial of a claim or the offer of a compromise settlement;
(15)    refuse to pay a claim for an arbitrary or capricious reason based on all available information;
(16)    fail to meet the requirements of Title 15, Subtitle 10B of this article for preauthorization for a health care service;
(17)    fail to comply with the provisions of Title 15, Subtitle 10A of this article; or
(18)    fail to act in good faith, as defined under § 27–1001 of this title, in settling a first–party claim under a policy of property and casualty insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-304.1 - Regulations

The Commissioner shall adopt regulations that establish standards and procedures for:
(1)    the settlement of claims involving the total loss of a private passenger motor vehicle; and
(2)    the determination of the private passenger motor vehicle’s total loss value.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 3 - Unfair Claim Settlement Practices › Section 27-305 - Penalties

(a)    The Commissioner may impose a penalty:
(1)    not exceeding $2,500 for each violation of § 27–303 of this subtitle or a regulation adopted under § 27–303 of this subtitle; and
(2)    not exceeding $125,000 for each violation of § 27–303(9) of this subtitle or a regulation adopted under § 27–303(9) of this subtitle.
(b)    The penalty for a violation of § 27–304 of this subtitle is as provided in §§ 1–301, 4–113, and 4–114 of this article and § 27–103 of this title.
(c)    (1)    On finding a violation of this subtitle, the Commissioner may require an insurer, nonprofit health service plan, or health maintenance organization to:
(i)    make restitution to each claimant who has suffered actual economic damage because of the violation; or
(ii)    provide to a claimant a payment that has been determined to be denied in violation of this subtitle.
(2)    Subject to paragraph (3) of this subsection, restitution may not exceed the amount of actual economic damage sustained, subject to the limits of any applicable policy.
(3)    For a violation of § 27–303(9) of this subtitle, the Commissioner may require restitution to an insured for the following:
(i)    actual damages, which actual damages may not exceed the limits of any applicable policy;
(ii)    expenses and litigation costs incurred by the insured in pursuing an administrative complaint under § 27–303(9) of this subtitle, including reasonable attorney’s fees; and
(iii)    interest on all actual damages, expenses, and litigation costs incurred by the insured computed:
1.    at the rate allowed under § 11–107(a) of the Courts Article; and
2.    from the date on which the insured’s claim would have been paid if the insurer acted in good faith.
(4)    The amount of attorney’s fees recovered from an insurer under paragraph (3) of this subsection may not exceed one–third of the actual damages recovered.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Claim” means a demand for payment or benefit under a policy or contract by an insured, third party, or representative of the insured or third party.
(2)    “Claim” includes a demand for payment or benefit made against:
(i)    the State under Title 12 of the State Government Article, Title 2, Subtitle 5 of the State Personnel and Pensions Article, or Title 9 of the Labor and Employment Article; or
(ii)    the Maryland Transit Administration when acting as a self–insurer under § 7–703 of the Transportation Article.
(c)    “Motor vehicle accident” means an occurrence involving a motor  vehicle that results in damage to property or injury to a person.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-402 - Scope of Subtitle

The provisions of this subtitle that apply to insurers also apply to:
(1)    a corporation that operates a nonprofit health service plan under Title 14, Subtitle 2 of this article;
(2)    a dental plan organization as defined in § 14–401 of this article;
(3)    a health maintenance organization as defined in Title 19, Subtitle 7 of the Health – General Article;
(4)    a surplus lines insurer;
(5)    the Maryland Automobile Insurance Fund;
(6)    the State when a claim has been filed against the State under Title 12 of the State Government Article;
(7)    the State when a claim has been filed against the State under Title 2, Subtitle 5 of the State Personnel and Pensions Article;
(8)    the State, including the Uninsured Employers’ Fund, when a claim has been filed against the State under Title 9 of the Labor and Employment Article;
(9)    the Maryland Transit Administration when acting as a self–insurer under § 7–703 of the Transportation Article;
(10)    a third party administrator under Title 8, Subtitle 3 of this article;
(11)    a self–insurer under § 17–103(a)(2) of the Transportation Article;
(12)    the Maryland Health Insurance Plan;
(13)    a governmental self–insurer group formed in accordance with § 9–404 of the Labor and Employment Article;
(14)    an employer who self–insures or participates in a self–insurance group in accordance with § 9–405 of the Labor and Employment Article; and
(15)    an agent, employee, or representative of an entity described in items (1) through (14) of this section.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-403 - Failure to Return Premiums; False or Misleading Claims

It is a fraudulent insurance act for a person:
(1)    knowingly to fail to return any money or premiums paid for a policy to an insured, designee of the insured, or another person entitled to the money or premiums if the insurance contracted for is not ultimately provided;
(2)    to present or cause to be presented to an insurer documentation or an oral or written statement made in support of a claim, including a claim that alleges the theft of a motor vehicle, with knowledge that the documentation or statement contains false or misleading information about a matter material to the claim;
(3)    except for the prepayment of periodic payments or excess contributions allowed under the terms of the policy, willfully to collect as a premium a sum in excess of the premium applicable to the insurance under approved classifications and rates or, for cases in which classifications and rates are not subject to approval, the premiums and charges applicable to the insurance as specified in the policy and set by the insurer;
(4)    to misappropriate or withhold unreasonably funds received or held if the funds represent premiums or return premiums;
(5)    to misappropriate benefits under a policy; and
(6)    knowingly or willfully to present, or cause to be presented, documentation or an oral or written statement made in, with reference to, or in support of an application for a viatical settlement contract, the financing of a viatical settlement contract, the transfer of a viatical settlement contract, or the settlement in support of a claim made under a viatical settlement contract with knowledge that the documentation or statement contains false or misleading information about matters material to the application, financing, transfer, settlement, or claim.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-404 - Doing Business With Unlicensed Persons

It is a fraudulent insurance act for an insurer doing business in the State knowingly to write or place a policy or insurance contract in the State through, or pay a commission or other consideration to, a person that is required to have a certificate of qualification under this article but does not have a certificate of qualification.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-405 - Representations to Public by Unlicensed Persons

(a)    It is a fraudulent insurance act for a person to act as or represent to the public that the person is:
(1)    an insurance producer or a public adjuster in the State if the person has not received the appropriate license under or otherwise complied with Title 10 of this article;
(2)    a navigator of the Small Business Health Options Program of the Maryland Health Benefit Exchange if the person has not received the appropriate license under or otherwise complied with § 31–112 of this article;
(3)    a navigator of the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113 of this article; or
(4)    an application counselor certified by the Individual Exchange of the Maryland Health Benefit Exchange if the person has not received the appropriate certification under or otherwise complied with § 31–113(r) of this article.
(b)    It is a fraudulent insurance act for an insurance producer:
(1)    to solicit or take application for, procure, or place for others insurance for which the insurance producer has not obtained an appropriate license;
(2)    knowingly to violate § 10–130 of this article; or
(3)    intentionally to fail to report to an insurer the exact amount of consideration charged as a premium for an insurance contract, if different from the policy premium, and to fail to maintain records that show that information.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-406 - False Applications and Statements; Unregulated Insurers

It is a fraudulent insurance act for a person:
(1)    knowingly or willfully to make a false or fraudulent statement or representation in or with reference to an application for insurance;
(2)    to place insurance with an unauthorized insurer not regulated by the Commissioner and refuse to obey an order of the Commissioner to produce for examination all policies and other documents that evidence the insurance and the amount of premiums paid or agreed to be paid for the insurance;
(3)    if a certificate of authority is required, to operate an insurer or conduct an insurance business without obtaining a certificate of authority issued by the Commissioner;
(4)    to make a false sworn statement that the person does not believe to be true about matter material to an examination, investigation, or hearing conducted by the Commissioner; or
(5)    with intent to deceive, knowingly to exhibit a false account, document, or advertisement about the affairs of an insurer.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-406.1 - Fraudulent Insurance Acts of Individual Sureties

(a)    In this section, “individual surety” means a person that:
(1)    issues surety bonds or contracts of surety insurance; and
(2)    does not have a certificate of authority issued by the Commissioner.
(b)    It is a fraudulent insurance act for an individual surety to solicit or issue a surety bond or contract of surety insurance except as provided in:
(1)    §§ 13–207 and 17–104 of the State Finance and Procurement Article; and
(2)    for an uncompensated person, §§ 5–203 and 5–204 of the Criminal Procedure Article.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-407 - Solicitation

(a)    It is a fraudulent insurance act for:
(1)    a person, for personal gain, to solicit an individual injured by or in a motor vehicle to sue or retain a lawyer to represent that individual in a lawsuit;
(2)    a person, for personal gain, to solicit an individual injured by or in a motor vehicle to seek care from a health care practitioner; and
(3)    a lawyer or health care practitioner to employ, directly or indirectly, or in any way compensate a person for the purpose of having that person solicit or attempt to solicit clients for the lawyer or health care practitioner.
(b)    This section does not prohibit public communications or activity allowed by applicable rules of professional conduct or activity protected under the State or federal Constitution.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-407.1 - Intentional Motor Vehicle Accident

It is a fraudulent insurance act for a person, with the purpose of submitting a claim under a policy of motor vehicle insurance, to organize, plan, or knowingly participate in:
(1)    an intentional motor vehicle accident; or
(2)    a scheme to create documentation of a motor vehicle accident that did not occur.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 4 - Fraudulent Insurance Acts › Section 27-407.2 - Compensation for Deductible

It is a fraudulent insurance act for a contractor offering home repair or remodeling services for damages to a private residence caused by weather, to directly or indirectly pay or otherwise compensate an insured, or offer or promise to pay or compensate an insured, with the intent to defraud an insurer, for any part of the insured’s deductible under the insured’s property or casualty insurance policy, if payment for the services will be made from the proceeds of the policy.