reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 5 - Discrimination › Section 27-504 - Discrimination Based on Domestic Violence

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Abuse” has the meaning stated in § 4–501 of the Family Law Article.
(3)    “Cohabitant” means an individual who has had a sexual relationship with another individual with whom the individual has resided for a period of at least 90 days.
(4)    “Victim of domestic violence” means an individual who:
(i)    has received deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant; or
(ii)    is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant.
(b)    Except as otherwise provided in this article, if an individual is a victim of domestic violence or subject to abuse, an insurer, nonprofit health service plan, or health maintenance organization may not use information about abuse or the individual’s status as a victim of domestic violence to:
(1)    cancel, refuse to underwrite or renew, or refuse to issue a policy of life insurance or health insurance or a health benefits plan;
(2)    refuse to pay a claim, cancel, or otherwise terminate a policy of life insurance or health insurance or a health benefits plan;
(3)    increase rates for life insurance, health insurance, or a health benefits plan; or
(4)    for policies of life insurance or health benefits plans, add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.
(c)    If an insurer acts in good faith, the insurer is not subject to tort liability for a cause of action arising from the insurer’s lawful issuance of and lawful compliance with a policy of life insurance on an insured who subsequently suffers abuse or is a victim of domestic violence.
(d)    This section does not require an insurer:
(1)    to make a payment to an individual who willfully caused an injury that gave rise to a loss under a policy of life insurance; or
(2)    to issue, without the consent of the proposed insured, life insurance or disability income insurance to an applicant known to have abused the proposed insured.
(e)    This section may not be interpreted to preclude an insurer or a health maintenance organization from using mental or physical medical conditions, regardless of cause, in determining the eligibility, rate, or underwriting classification of the applicant, insured, member, or subscriber.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 5 - Discrimination › Section 27-504.1 - Prohibition Against Discrimination Against Victims of Crimes of Violence

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
(3)    “Victim” means a policyholder or claimant who suffers personal injury, death, or property loss as a result of a crime of violence.
(b)    Except as otherwise provided in this article, if an individual is a victim of a crime of violence, an insurer may not, based solely on information about the individual’s status as a victim of a crime of violence:
(1)    cancel, refuse to underwrite or renew, or refuse to issue a policy of homeowner’s insurance;
(2)    refuse to pay a claim under a policy of homeowner’s insurance; or
(3)    for a policy of homeowner’s insurance, increase a premium, add a surcharge, apply a rating factor, retier a policy, remove a discount, or take any other adverse underwriting or rating action.
(c)    (1)    If a policy of homeowner’s insurance excludes property coverage for intentional acts, the insurer may not deny payment for a loss to a victim who:
(i)    is an innocent coinsured;
(ii)    did not commit, cause to be committed, or direct the crime of violence leading to the loss; and
(iii)    cooperates in any criminal investigation, including the filing of an official police report, and if undertaken, any prosecution of the perpetrator.
(2)    Payment to the innocent coinsured may be limited to the amount of the loss up to the homeowner’s insurance policy limits, less any applicable deductible and coinsurance and any payment to any secured party.
(3)    An insurer may exclude property owned solely by the perpetrator from coverage under the policy of homeowner’s insurance.
(4)    An insurer making payment to the innocent coinsured under this section shall have the right of subrogation against the perpetrator who committed, caused to be committed, or directed the crime of violence leading to the loss.
(d)    This section does not:
(1)    require payment in excess of a homeowner’s insurance policy limits;
(2)    prohibit an insurer from applying reasonable standards of proof of a claim; or
(3)    prohibit an insurer or insurance producer from:
(i)    asking an applicant, a policyholder, or a claimant about a claim under this section; or
(ii)    using information obtained by investigation to evaluate a claim and exercise the insurer’s rights and perform its duties.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 5 - Discrimination › Section 27-505 - Violations; Judicial Review

(a)    (1)    If the Commissioner finds that an insurer has violated § 27–501, § 27–503, § 27–504, or § 27–504.1 of this subtitle, the Commissioner, in addition to any other power granted by this article, may order the insurer to accept the risk, or accept the business, as appropriate.
(2)    (i)    With respect to medical professional liability insurance, the Commissioner shall issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew a policy under § 27–501(f) of this subtitle.
(ii)    A medical professional liability insurer may terminate the policy if:
1.    the Commissioner fails to issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew; or
2.    the Commissioner finds that the policy may be canceled or not renewed and issued the finding within 90 days after receiving a request to review the cancellation or refusal to renew.
(iii)    If a medical professional liability insurer terminates the policy under subparagraph (ii)1 of this paragraph and the Commissioner subsequently issues a finding that the insurer may not cancel or refuse to renew the policy:
1.    the insurer immediately shall reinstate the policy; and
2.    the reinstatement shall be retroactive to the date that the policy was terminated.
(b)    A party to a hearing or proceeding under this subtitle may appeal from the hearing, proceeding, or a decision of the Commissioner in accordance with § 2-215 of this article.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Commercial insurance” means property insurance or casualty insurance issued to an individual, a sole proprietor, partnership, corporation, limited liability company, or similar entity and intended to insure against loss arising from the business pursuits of the insured entity.
(2)    “Commercial insurance” does not include:
(i)    policies issued by the Maryland Automobile Insurance Fund;
(ii)    policies issued by the Joint Insurance Association;
(iii)    workers’ compensation insurance; or
(iv)    title insurance.
(c)    (1)    “Personal insurance” means property insurance or casualty insurance issued to an individual, trust, estate, or similar entity that is intended to insure against loss arising principally from the personal, noncommercial activities of the insured.
(2)    “Personal insurance” does not include:
(i)    motor vehicle liability insurance policies subject to § 27-613 of this subtitle;
(ii)    policies issued by the Maryland Automobile Insurance Fund;
(iii)    policies issued by the Joint Insurance Association; or
(iv)    surety insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-601.1 - Transfers of Policy Holders Between Insurers Within Same Insurance Holding Company System as Renewal

(a)    For purposes of this subtitle, with respect to policies of personal insurance, private passenger motor vehicle liability insurance, commercial insurance, and workers’ compensation insurance, the issuance by an insurer of a new policy to replace an expiring policy issued by that insurer is a renewal.
(b)    For purposes of this subtitle, with respect to policies of personal insurance, private passenger motor vehicle liability insurance, commercial insurance, and workers’ compensation insurance, the issuance by an insurer of a new policy to replace an expiring policy issued by another admitted insurer within the same insurance holding company system, as defined in § 7–101 of this article, is a renewal if:
(1)    the policyholder’s premium does not increase; and
(2)    the policyholder does not experience a reduction in coverage.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-604 - Statement of Actual Reason for Cancellation of or Refusal to Renew Policy

(a)    (1)    This section applies only to policies of personal insurance and insurance issued under the Maryland Property Insurance Availability Act or any similar act instituted to ensure the availability of insurance.
(2)    This section does not apply to policies in effect for 45 days or less, as provided in § 12-106 of this article.
(b)    (1)    Whenever an insurer cancels or refuses to renew a policy subject to this section, the insurer must provide to the named insured a statement of the actual reason for the cancellation or refusal to renew.
(2)    The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:
(i)    grammatical, typographical, or other errors, if the errors are not material to the proposed action and are not misleading;
(ii)    surplus information, if the surplus information is not misleading; or
(iii)    erroneous information, if in the absence of the erroneous information there is a sufficient basis to support the proposed action.
(c)    A statement of actual reason is privileged and does not constitute grounds for an action against the insurer, its representatives, or another person that in good faith provides to the insurer information on which the statement is based.
(d)    (1)    The reason given in the statement of actual reason shall be clear and specific.
(2)    The use of generalized terms such as “personal habits”, “physical handicap or disability”, “living conditions”, “poor morals”, or “violation or accident record” does not meet the requirement of this subsection.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-605 - Statement of Actual Reason for Cancellation or Refusal to Renew Commercial Insurance Policy

(a)    (1)    This section applies only to policies of commercial insurance.
(2)    This section does not apply to:
(i)    policies in effect for 45 days or less, as provided in § 12–106 of this article; or
(ii)    policies issued to exempt commercial policyholders under § 11–206 of this article, if the policies provide for written notice of not less than 30 days of the insurer’s intent to cancel or nonrenew.
(b)    (1)    Whenever an insurer cancels or refuses to renew a policy subject to this section for a reason other than nonpayment of premium, the insurer must provide to the named insured a written statement of the actual reason for the cancellation or refusal to renew.
(2)    The reason given in the statement of actual reason shall be clear and specific.
(3)    The statement shall include the insurer’s offer to provide additional information in support of the proposed action upon the written request of the insured and an address for the insured to submit the request.
(4)    A written request for information under this subsection shall be sent not more than 30 days from the date of the notice containing the actual reason.
(5)    On receiving a written request from an insured for additional information under this subsection and prior to the effective date of the proposed action, an insurer shall respond in writing within 15 days.
(6)    Except as provided in § 27–501 of this title, a request for additional information under this section does not stay the proposed action.
(c)    The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:
(1)    grammatical, typographical, or other errors, if the errors are not material to the proposed action and are not misleading;
(2)    surplus information, if the surplus information is not misleading; or
(3)    erroneous information, if in the absence of the erroneous information there is a sufficient basis to support the proposed action.
(d)    Information concerning the actual reason is privileged and does not constitute grounds for an action against the insurer, the insurer’s representatives, an insurance producer, or any other person that in good faith provides information on which the statement is based.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-607 - Notice of Amount of Renewal and Expiring Policy Premiums

(a)    This section applies only to policies of personal insurance and insurance issued under the Maryland Property Insurance Availability Act or any similar act instituted to ensure the availability of property insurance.
(b)    At least 45 days prior to the renewal date of a policy subject to this section, the insurer shall send a notice to the named insured and the insurance producer, if any, by first-class mail stating both the amount of the renewal policy premium and the amount of the expiring policy premium.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-608.1 - Transfer of Policyholder Between Insurers

(a)    This section applies to policies of commercial insurance and policies of workers’ compensation insurance.
(b)    (1)    If a policyholder is being transferred between admitted insurers within the same insurance holding company system, as defined in § 7–101 of this article, the insurer providing the new policy shall provide notice of the transfer to the policyholder.
(2)    An insurer shall be considered to have met the notice requirement of this section if the insurer has sent to the named insured a renewal policy that includes a notice of transfer, or a notice on the declaration page of the renewal policy, notifying the insured that the policy has been transferred from the prior named insurer to the new or renewing named insurer.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-610 - Notice of Renewal Premium Due

(a)    (1)    This section applies only to policies of personal insurance and private passenger motor vehicle liability insurance policies subject to § 27–613 of this subtitle.
(2)    Unless an insurer has provided notice of its intention not to renew a policy in compliance with this subtitle, the insurer must provide each policyholder with notice of renewal premium due at least 45 days before the due date.
(3)    If a policyholder is being transferred between admitted insurers within the same insurance holding company system, as defined in § 7–101 of this article, the notice required under paragraph (2) of this subsection shall include disclosure of the transfer.
(4)    A licensed insurance producer may provide notice under paragraph (2) of this subsection on behalf of the insurer.
(5)    The duty to provide notice under paragraph (2) of this subsection is deemed discharged if:
(i)    the insurer shows that its established procedures would have resulted in placing the notice of renewal premium due in the United States mail; and
(ii)    there is no showing that in fact the notice was not placed in the mail.
(b)    If an insurer fails to provide notice of renewal premium due under subsection (a) of this section, and subsequently the policyholder fails to make timely payment of the renewal premium, the insurer must:
(1)    provide coverage for each claim that:
(i)    would have been covered under the policy; and
(ii)    arises within 45 days after the date the insured discovers or should have discovered that the policy was not renewed; and
(2)    renew the policy on tender of payment within 30 days after the policyholder discovers or should have discovered that the policy was not renewed.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-611 - Notice of Effect of Failure to Renew or Replace Motor Vehicle Insurance

Before the actual expiration of a policy of motor vehicle insurance that results from nonpayment of a renewal premium, the insurer shall provide notice to the insured in clear and specific terms that if the insured fails to renew or replace the motor vehicle insurance before the due date, § 17-106 of the Transportation Article provides that uninsured motorist penalties be assessed and that evidences of registration be surrendered to the Motor Vehicle Administration and that failure to surrender the evidences of registration may result in suspension of current and future registration privileges.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage › Section 27-612 - Liability of Insurer for Coverage

(a)    (1)    If an insurer fails to comply with any provision of § 27-602, § 27-603, § 27-604, § 27-605, § 27-606, § 27-607, § 27-608, § 27-610, or § 27-613 of this subtitle, the insurer is liable to the applicant for the coverage that was requested, or that would have become effective except for the failure to comply with these provisions, unless the person seeking coverage:
(i)    no longer wishes the coverage;
(ii)    has obtained other substantially equivalent coverage; or
(iii)    fails to tender or pay the premium after reasonable demand for the premium has been made.
(2)    The liability of an insurer under paragraph (1) of this subsection is in addition to any other penalties applicable by law.
(b)    Liability for coverage does not apply to failure to comply with § 27-611 of this subtitle, as it relates to motor vehicle liability insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 7 - Unauthorized Insurers False Advertising Process Act › Section 27-702 - Purpose of Subtitle; Additional Power; Liberal Construction

(a)    (1)    The General Assembly declares that it is in the interest of citizens of the State who buy insurance from unauthorized insurers that solicit business in the State by placing in or sending into the State false advertising designed to induce residents of the State to buy insurance from them, that those unauthorized insurers be subject to this subtitle.
(2)    The purpose of this subtitle is to subject to the jurisdiction of the Commissioner and the courts of the State those unauthorized insurers described in paragraph (1) of this subsection.
(3)    In furtherance of this State interest, the General Assembly provides a method of substituted service of process on those unauthorized insurers described in paragraph (1) of this subsection.
(4)    The General Assembly declares that by enacting this subtitle, the General Assembly is exercising:
(i)    its power to protect the residents of the State; and
(ii)    its powers and privileges under the McCarran-Ferguson Act, 15 U.S.C. §§ 1011 through 1015.
(b)    The authority provided in this subtitle is in addition to any other powers of the State.
(c)    This subtitle shall be construed liberally.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 7 - Unauthorized Insurers False Advertising Process Act › Section 27-703 - Misrepresentation by Unauthorized Insurer Prohibited

An unauthorized foreign insurer or unauthorized alien insurer may not make, issue, circulate, or cause to be made, issued, or circulated to residents of the State an estimate, illustration, circular, pamphlet, or letter, or cause to be made in a newspaper, magazine, or other publication or over a radio or television station an announcement or statement to residents that misrepresents the insurer’s financial condition, the terms of or benefits or advantages promised by insurance contracts issued or to be issued, or the dividends or share of the surplus to be received on the insurance contracts in violation of this title.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 7 - Unauthorized Insurers False Advertising Process Act › Section 27-704 - Action by Commissioner

(a)    (1)    If the Commissioner has reason to believe that an unauthorized foreign insurer or unauthorized alien insurer is engaging in unlawful advertising in violation of § 27–703 of this subtitle, the Commissioner shall give notice of the violation by certified mail, or by electronic means in accordance with § 2–116 of this article, to the insurer and the insurance supervisory official of the domiciliary state of the insurer.
(2)    For purposes of this section, the domiciliary state of an alien insurer is deemed to be the state of entry or the state of the principal office of the alien insurer in the United States.
(b)    If, after 30 days after the Commissioner gives notice under subsection (a) of this section, the insurer continues to violate § 27-703 of this subtitle, the Commissioner shall take action against the insurer under this title if the Commissioner believes that:
(1)    a proceeding by the Commissioner with respect to a violation of § 27-703 of this subtitle would be in the public interest; and
(2)    the insurer is:
(i)    issuing or delivering insurance contracts to residents of the State;
(ii)    collecting premiums on the insurance contracts; or
(iii)    doing any of the acts listed in § 27-705 of this subtitle.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 8 - Reporting and Preventing Insurance Fraud › Section 27-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Fraud Division” means the Insurance Fraud Division in the Administration.
(c)    “Insurance fraud” means:
(1)    a violation of Subtitle 4 of this title;
(2)    theft, as set out in §§ 7–101 through 7–104 of the Criminal Law Article:
(i)    from a person regulated under this article; or
(ii)    by a person regulated under this article or an officer, director, agent, or employee of a person regulated under this article;
(3)    a violation of § 9–1106 of the Labor and Employment Article; or
(4)    any other fraudulent activity that is committed by or against a person regulated under this article and is a violation of:
(i)    Title 1, Subtitle 3 of the Agriculture Article;
(ii)    Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;
(iii)    Title 14, Subtitle 29, § 11–810 or § 14–1317 of the Commercial Law Article;
(iv)    the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614;
(v)    Title 12, Subtitle 9 of the Financial Institutions Article;
(vi)    § 14–127 of the Real Property Article;
(vii)    § 6–301 of the Alcoholic Beverages Article;
(viii)    § 109 of the Code of Public Local Laws of Caroline County;
(ix)    § 4–103 of the Code of Public Local Laws of Carroll County; or
(x)    § 8A–1 of the Code of Public Local Laws of Talbot County.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 8 - Reporting and Preventing Insurance Fraud › Section 27-804 - Antifraud Plans for Viatical Settlement Providers

(a)    Each viatical settlement provider shall have in place an antifraud plan reasonably calculated to detect, prosecute, and prevent fraudulent viatical settlement acts.
(b)    Within 30 days after instituting or modifying an antifraud plan, the viatical settlement provider shall notify the Commissioner in writing.
(c)    Each antifraud plan shall include:
(1)    the use of fraud investigators;
(2)    a description of the procedures for detecting and investigating possible fraudulent viatical settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications;
(3)    a description of the procedures for reporting possible fraudulent viatical settlement acts to the Commissioner;
(4)    a description of the plan for antifraud education and training of underwriters, and other personnel; and
(5)    a description or chart outlining the organizational arrangement of the antifraud personnel who are responsible for the investigation and reporting of possible fraudulent viatical settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications.
(d)    An antifraud plan submitted to the Commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.
(e)    (1)    Each viatical settlement provider shall file its antifraud plan with the Commissioner.
(2)    The Commissioner may review each antifraud plan to determine whether it complies with the requirements of this section.
(3)    An antifraud plan is deemed approved unless disapproved by the Commissioner within 30 days after the date of filing.
(f)    (1)    If the Commissioner finds that an antifraud plan does not comply with the requirements of this section, the Commissioner shall disapprove the antifraud plan and send a notice of disapproval, including the reasons for disapproval, to the viatical settlement provider.
(2)    If the Commissioner disapproves an antifraud plan, the viatical settlement provider shall submit a new antifraud plan to the Commissioner within 60 days after the date of disapproval.
(g)    It is a violation of this subtitle if the Commissioner finds that a viatical settlement provider has failed to:
(1)    file an antifraud plan;
(2)    file a revised antifraud plan after disapproval by the Commissioner of the initial antifraud plan; or
(3)    comply with the antifraud plan filed by the viatical settlement provider.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 8 - Reporting and Preventing Insurance Fraud › Section 27-805 - Required Disclosure Statements

(a)    In this section, “claim form” means any document supplied by an insurer to a claimant that a claimant is required to complete and submit in support of a claim for benefits.
(b)    (1)    Except as provided in subsection (c) of this section, all applications for insurance and all claim forms, regardless of the form of transmission, shall contain the following statement or a substantially similar statement:
“Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.”
(2)    The lack of the statement required by paragraph (1) of this subsection does not constitute a defense in any legal proceeding.
(c)    Subsection (b)(1) of this section does not apply to:
(1)    reinsurance applications or claim forms; or
(2)    the uniform claims form for reimbursement of hospital services or the uniform claims form for reimbursement of health care practitioners services adopted by the Commissioner under § 15–1003 of this article.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-901 - Credit Life or Disability Insurance Premiums

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Credit life or disability insurance” means a type of insurance that will pay all or part of an individual’s debt on the death or disability of the individual.
(3)    “Finance charge” has the meaning stated in § 12-501 of the Commercial Law Article.
(4)    “Retail credit account” has the meaning stated in § 12-501 of the Commercial Law Article.
(b)    A person may not make, issue, charge, or cause to be made, issued, or charged to an individual any type of premium for credit life or disability insurance without the express written consent of the individual.
(c)    The computation of a finance charge in a retail credit account may not be based in any part on the premiums due under a policy of credit life or disability insurance.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-902 - Motor Vehicle Insurance -- Effect of Age or Physical Handicap or Disability

(a)    A policy or contract of motor vehicle insurance may not be canceled or nonrenewed solely because of:
(1)    the age of the holder of the policy or contract; or
(2)    the physical handicap or disability of the holder of the policy or contract.
(b)    The premium for a policy or contract of motor vehicle insurance may not be increased solely because:
(1)    an insured under the policy or contract is older than 65 years of age; or
(2)    the holder of the policy or contract has a physical handicap or disability, unless there is actuarial justification for the increase.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-905 - Motor Vehicle Liability Insurance -- Billing Statements

(a)    An insurer may not send a billing statement to a policyholder under a policy or contract of motor vehicle liability insurance unless the billing statement includes a date by which any payment due under the billing statement must be received by the insurer for the insurance coverage to continue without penalty.
(b)    An insurer may not use false or misleading language in a billing statement to induce the policyholder to pay a premium before it is required by the insurer.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-906 - Motor Vehicle Liability Insurance -- Warranty for Aftermarket Crash Parts

An insurer that issues or delivers in the State a policy of motor vehicle liability insurance that provides coverage for the repair of physical damage to the motor vehicle shall provide, on request of the insured, a copy of the warranty for aftermarket crash parts, if available.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-907 - Private Passenger Motor Vehicle Insurance -- Discount in Rate

An insurer that issues or renews a private passenger motor vehicle insurance policy in the State shall give an actuarially justified discount in rate to each individual who has completed the immediately preceding 3 years of continuous coverage with that insurer without a moving traffic violation, with not more than one point, and with no chargeable traffic accident.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-910 - Discrimination by Health Network

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Enrollee” means an individual or member of an association or other private group arrangement entitled to health care services from a health network.
(3)    “Health care service” has the meaning stated in § 19-701 of the Health - General Article.
(4)    “Health network” means an entity that:
(i)    holds a certificate of authority under this article or Title 19, Subtitle 7 of the Health - General Article; and
(ii)    is organized to provide health care services to individuals or an enrolled population in a regional or service area.
(b)    A health network may not deny health care services to an enrollee on the basis of gender, race, age, religion, national origin, or a protected category under the Americans with Disabilities Act.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-911 - Change of Insurance Producer of Record

(a)    Each authorized insurer doing business in the State shall accept and honor each request by a policyholder for a change of insurance producer of record within 30 working days after receipt of the request unless the policyholder withdraws the request in writing.
(b)    The new insurance producer of record must have a current appointment and contract with the authorized insurer before the change of insurance producer of record will be effective.
(c)    (1)    Subject to the provisions of paragraph (2) of this subsection, the new insurance producer of record shall be paid all commissions payable on the policy effective not later than the next anniversary date of the policy following the effective date of change.
(2)    The commissions payable under paragraph (1) of this subsection do not include:
(i)    vested life insurance commissions;
(ii)    supplemental health insurance commissions; or
(iii)    commissions or other compensation payable under an insurer’s retirement or deferred compensation plan with the insurance producer.
(d)    A request for a change of insurance producer of record shall:
(1)    be in writing; and
(2)    include:
(i)    the policyholder’s name and address;
(ii)    the authorized insurer’s name and address;
(iii)    the policy number;
(iv)    the name and address of the new insurance producer of record;
(v)    the date of the request;
(vi)    the signature of the policyholder; and
(vii)    the signature of acceptance by the new insurance producer.
(e)    This section does not require an authorized insurer to:
(1)    appoint and contract with an insurance producer of record;
(2)    alter an insurer’s existing contract with an insurance producer which provides for direct compensation in lieu of commission; and
(3)    require the payment of full commissions to a new insurance producer where the original writing insurance producer or current insurance producer continues to have responsibility for processing and matters relating to the policyholder.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-913 - Discrimination in Specified Diseases or Diagnoses Prohibited

(a)    This section applies to:
(1)    insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; and
(2)    health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.
(b)    Unless otherwise provided by law, an entity subject to this section may not make benefits under a policy or contract issued or delivered by the entity in the State for the treatment of a specified disease or diagnosis subject to different copayment amounts, coinsurance, deductibles, annual maximum limits, or lifetime maximum limits than those that apply to all other diseases covered under the policy or contract.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-914 - Collection of Racial and Ethnic Data; Nondiscrimination

(a)    This section does not apply to life insurance policies, annuity contracts, long–term care insurance policies, or disability insurance policies.
(b)    An insurer that provides health insurance, a nonprofit health service plan, or a health maintenance organization may not use race or ethnicity data to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract.
(c)    The Commissioner may issue an order under §§ 4–113 and 4–114 of this article and §§ 27–501 and 27–505 of this title if the Commissioner finds a violation of this section.
2023 Maryland Statutes › Insurance › Title 27 - Unfair Trade Practices and Other Prohibited Practices › Subtitle 9 - Miscellaneous Provisions › Section 27-915 - Coverage for Organ Transplantation -- Individual With Disability

(a)    In this section, “organ transplantation” means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition.
(b)    This section applies to:
(1)    insurers and nonprofit health service plans that provide coverage for organ transplantation to individuals or groups on an expense–incurred basis under health insurance policies or contracts that are issued or delivered in the State; and
(2)    health maintenance organizations that provide coverage for organ transplantation to individuals or groups under contracts that are issued or delivered in the State.
(c)    An entity subject to this section may not deny coverage for an organ transplantation solely on the basis of an insured’s or enrollee’s disability.
(d)    This section may not be construed to require an entity subject to this section to provide coverage for an organ transplantation that is not medically necessary.
2023 Maryland Statutes › Insurance › Title 28 - Holocaust Victims Insurance Act › Section 28-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Areas under Nazi influence” means the country of Nazi Germany, areas occupied by Nazi Germany, those European countries allied with Nazi Germany, areas occupied by those European countries allied with Nazi Germany, or any other neutral European country or area in Europe under the influence or threat of invasion by Nazi Germany or by any European country allied with or occupied by Nazi Germany.
(c)    “Holocaust victim” means an individual, claimant, or the estate, heir, legatee, descendant, survivor, beneficiary, or other successor-in-interest of the individual, who died or lost property as a result of discriminatory laws, policies, or actions targeted against discrete groups of individuals based on race, religion, ethnicity, sexual orientation, or national origin, whether or not the individual was actually a member of any of those groups, or because the individual assisted or allegedly assisted any of those groups, between January 1, 1929, and December 31, 1945, in areas under Nazi influence.
(d)    (1)    “Insurance policy” means a policy of insurance substantially similar to any kind of insurance that was authorized at any time in Maryland between and including the years 1929 and 1945 or authorized by the jurisdiction in which the policy was sold at the time it was sold.
(2)    “Insurance policy” includes any form of life, accident, health, annuities, property, casualty, education, or dowry insurance.
(e)    “International Commission” means the twelve member commission, and any successor organization, established by the September 1998 Memorandum of Understanding executed by the Maryland Insurance Commissioner, insurance regulators from other states, European insurers, and international Jewish organizations.
(f)    “Nazi Germany” means:
(1)    for the period from 1929 to 1933, the Republic of Germany, commonly referred to as the Weimar Republic; and
(2)    for the period from 1933 through 1945, Deutsche Reich.
(g)    “Proceeds” means the face or other pay-out value of an insurance policy or annuity plus reasonable interest to date of payment as required by regulations adopted by the Commissioner.
2023 Maryland Statutes › Insurance › Title 28 - Holocaust Victims Insurance Act › Section 28-103 - Investigation of Claims; Unfair or Deceptive Practices; Notice of Investigations; Intentional Destruction or Alteration of Records

(a)    Notwithstanding any inconsistent provision of this title, any insurer authorized to do insurance business in the State, in receipt of a claim against it arising from an occurrence during the period between January 1, 1929, and December 31, 1945, from an individual that the insurer knows, or reasonably should have known, is a Holocaust victim shall:
(1)    diligently and expeditiously investigate the claim;
(2)    allow claimants to provide alternative documentation that does not meet the usual standards of proof required by the insurer to substantiate the particular claim, subject to standards established for alternative documentation as required by regulations adopted by the Commissioner; and
(3)    attempt to resolve, settle, and, if appropriate, make payments on claims irrespective of any statute of limitations or notice requirements imposed by law or the insurance policy issued to or covering the life, property, or interests of a Holocaust victim, if the claim is submitted to the insurer within 10 years after the effective date of this title.
(b)    A violation of this section is an unfair or deceptive act or practice in the business of insurance in violation of Title 27 of this article.
(c)    (1)    This title shall serve as additional and conclusive notice that the Commissioner is currently investigating all claims pertaining to the victims of the Holocaust.
(2)    Evidence of the intentional destruction or alteration of any records or other materials pertaining to a claim shall be admissible in both administrative and judicial proceedings as evidence in support of any claim being made against the insurer involving the destroyed or altered material.
(3)    It may be inferred in an administrative or judicial proceeding that the intentional destruction or alteration of any records or other materials pertaining to a claim was done in order to prevent discovery of information to support any claim of a Holocaust victim.
2023 Maryland Statutes › Insurance › Title 28 - Holocaust Victims Insurance Act › Section 28-104 - Civil Practice

(a)    Notwithstanding any law or agreement among the parties to an insurance policy to the contrary, any action arising from an occurrence during the period between January 1, 1929, and December 31, 1945, brought by a Holocaust victim seeking proceeds of an insurance policy issued to or covering the life or property of a Holocaust victim before December 31, 1945, may not be dismissed for failure to comply with any statute of limitations or laches or other similar provision of any applicable law relating to the timeliness of the filing of claims that might prevent a claim from being heard on its merits, or any notice requirements imposed by any insurance policy if the action is commenced within 10 years after the effective date of this title.
(b)    Any action arising from an occurrence during the period between January 1, 1929, and December 31, 1945, brought by a Holocaust victim seeking proceeds of an insurance policy issued to or covering the life or property of a Holocaust victim before December 31, 1945, may not be stayed or dismissed under the Maryland Rules of Civil Procedure.
(c)    In recognition of the significant period of time that has passed and in order to effect the goals of substantial justice, the rules regarding the admissibility of evidence, and principles of law or other rules relating to the admission of hearsay evidence shall be relaxed at the discretion of the trial judge in any action or proceeding authorized by this section.
2023 Maryland Statutes › Insurance › Title 28 - Holocaust Victims Insurance Act › Section 28-106 - Commissioner Reporting Requirements

(a)    On or before December 1, 1999, and then on December 1 for each of the succeeding 10 years, the Commissioner shall report to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly the following information:
(1)    the progress of the International Commission in receiving, investigating, and resolving insurance claims of Holocaust victims; and
(2)    the status of any reports that insurers were directed to file under § 28-105 of this title.
(b)    The Commissioner’s report under this section shall include:
(1)    the number of insurers authorized to do business in the State and the number of other insurers that may be in the same holding company system as an authorized insurer that could possibly be expected to have issued an insurance policy to a Holocaust victim between January 1, 1920, and December 31, 1945;
(2)    the approximate number and total value of all insurance policies issued to Holocaust victims between January 1, 1920, and December 31, 1945, that, as of the date of the report, remain unpaid or were paid to, or expropriated by, a government located in areas under Nazi influence that was not the named beneficiary of the insurance policy;
(3)    a listing by insurer of the number of claims filed by individuals who allege or have alleged that they are Holocaust victims and whether each claim has been paid or payment has been denied;
(4)    a summary of the length of time for the processing and disposition of claims filed by individuals who allege or have alleged that they are Holocaust victims by the insurer; and
(5)    a listing of the circumstances of the activities of the Commissioner under item (4) of this subsection and § 28-107 of this title.
2023 Maryland Statutes › Insurance › Title 28 - Holocaust Victims Insurance Act › Section 28-107 - Penalties

(a)    In addition to any other penalty authorized by this title, any insurer or person that violates this title is subject to a civil penalty of up to $100,000 for each day the violation continues.
(b)    If the Commissioner finds that a violation of this title is willful, the insurer shall be fined an amount that the Commissioner considers appropriate based on the degree of willful misconduct and the nature of the violation.