reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.08 - Lead Poisoning › Section 31.08.08.03 - Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A lead hazard exclusion contained in a contract of insurance issued or renewed on or after January 1, 1995, shall be waived with respect to an affected property which is covered under the policy to the extent of a qualified offer made or to be made under Environment Article, Title 6, Subtitle 8, Part V, Annotated Code of Maryland, if:
A. The affected property is in compliance with the provisions of Environment Article, Title 6, Subtitle 8, Part III, Annotated Code of Maryland;
B. Without regard to whether a change in occupancy has occurred, and at the election of the insured, the affected property:
(1) Passes the test for lead-contaminated dust under Environment Article, §
										6-816, Annotated Code of Maryland, or
(2) Has undergone the lead hazard reduction treatments and complies with the risk reduction standards under Environment Article, §
										6-815(a)(2), Annotated Code of Maryland; and
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.08 - Lead Poisoning › Section 31.08.08.04 - Claim

Current through Register Vol. 51, No. 14, July 12, 2024
If coverage exists, an insurer shall defend all claims for which the insured is potentially liable when a claim is made against an insured.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.08 - Lead Poisoning › Section 31.08.08.05 - Deductible

Current through Register Vol. 51, No. 14, July 12, 2024
A. An authorized insurer providing lead hazard coverage under Insurance Article, §
									19-704, Annotated Code of Maryland:
(1) Shall offer the coverage without a deductible for the lead hazard coverage; and
(2) May offer the coverage with a deductible for the lead hazard coverage.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.08 - Lead Poisoning › Section 31.08.08.06 - Cancellation, Nonrenewal, or Reimposition of an Exclusion

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer may cancel or not renew lead hazard coverage or reimpose an exclusion only if the:
(1) Insured fails to:
(a) Pay the applicable premium,
(b) Provide reasonable access to the affected property for purposes of inspection for the presence or condition of lead by the insurer or the insurer's designee,
(c) Comply with the terms or conditions of the policy, or
(d) Perform lead hazard reduction treatments as set forth in Environment Article, §
											6-815(a), Annotated Code of Maryland; or
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.08 - Lead Poisoning › Section 31.08.08.07 - Notice of Cancellation, Nonrenewal, or Reimposition of an Exclusion

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an insurer intends to not renew or cancel lead hazard coverage, or intends to reimpose a lead hazard exclusion, pursuant to Regulation .06B of this chapter, which is not at the request of the insured, the insurer shall give the insured written notice of this change. This notice shall include, at a minimum, the following information:
(1) The insurer intends to not renew or cancel lead hazard coverage, or intends to reimpose a lead hazard exclusion;
(2) How the insured failed to perform lead hazard reduction treatments as set forth in Environment Article, §
										6-815(a), Annotated Code of Maryland, or how the affected property failed to comply or maintain compliance with the risk reduction standards under Environment Article, §
										6-815(a)(2), Annotated Code of Maryland;
(3) The date by which the insured shall provide to the insurer certification under Environment Article, §
										6-815(a)  or  6-816, Annotated Code of Maryland, that the violation is corrected, which date should be 30 days after the mailing of the notice by the insurer; and
(4) The location of the affected property of which the insurer intends to not renew or cancel lead hazard coverage, or intends to reimpose a lead hazard exclusion.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to workers' compensation self-insurance groups ("group" or "groups") organized pursuant to Insurance Article, Title 25, Subtitle 3, Annotated Code of Maryland, and not to groups organized pursuant to Labor and Employment Article, §
									9-402(a), Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. All terms defined in Insurance Article, Title 25, Subtitle 3, Annotated Code of Maryland, which are used in this chapter have the same meaning as in Insurance Article, Title 25, Subtitle 3, Annotated Code of Maryland.
B. Terms Defined.
(1) "Insolvent" or "insolvency" means the inability of a group to pay its outstanding lawful obligations as they mature in the regular course of business as may be shown either by an excess of its required reserves and other liabilities over its assets or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it.
(2) "Net premium" means premium derived from standard premium adjusted by any advance premium discounts.
(3) "Standard premium" means the premium derived from the pure loss manual rate adjusted by the expense factors and by experience modification factors, but before advance premium discounts.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The Basic Manual for Workers' Compensation and Employees Liability Insurance (2001 Edition), published by the National Council on Compensation Insurance (NCCI) is incorporated by reference.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.04 - Business and Industry Classifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A group may be formed only by employers who are engaged in the same or a similar type of business or who are members of the same bona fide trade or professional association which has been in existence for not less than 5 years.
B. For the first 5 years of its existence or until such time as the self-insured group's experience is such that its data becomes fully credible, a group shall classify employees as set forth in the Basic Manual for Workers' Compensation and Employees Liability Insurance (2001 Edition), published by the National Council on Compensation Insurance (NCCI).
C. If the group submits justification to the Commissioner showing that it has fully credible data from which a change in classification could be supported from an actuarial perspective and what the deviation from the NCCI classification would be and the Commissioner approves same, then the group may use such classifications.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.05 - Minimum Premium Amounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. During a group's first year of operation it shall have an annual premium of at least $500,000, all of which shall have been paid to the group not later than the end of the ninth month of the group's first year of operation.
B. For each year after the first year of operation, the annual premium shall be at least $500,000 unless the Commissioner determines that a greater amount is required based on the Commissioner's examination of the group's annual statement of financial condition.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.06 - Surety Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each group shall obtain and maintain a surety bond for the protection of group members and their employees in an amount  not less than $500,000 unless the Commissioner specifies a different amount.
B. The Commissioner may, in the Commissioner's discretion, waive the requirement of §A of this regulation and permit a group to deposit and maintain in trust with the State Treasurer, for the protection of group members, employees and creditors, cash or government securities of the type described in Insurance Article, §
									5-701(b), Annotated Code of Maryland, in an amount not less than the amount specified in §A of this regulation.
C. Each administrator and service company shall obtain a fidelity bond in an amount not less than $100,000, and a performance bond in an amount not less than $50,000, before providing services to a workers' compensation self-insurance group.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.07 - Excess Insurance Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each group shall maintain excess insurance coverage in an amount not less than $1,000,000 per occurrence and not less than $5,000,000 in the aggregate over a commercially available and reasonable attachment point subject to review of the Commissioner.
B. A group shall send a copy of its excess insurance policy to the Commissioner in the following circumstances:
(1) Within 60 days of the renewal or replacement of an existing policy unless, within 90 days after its inception date, such policy will be provided to the Commissioner pursuant to §B(3) of this regulation;
(2) Within 60 days of an amendment to an existing policy unless, within 90 days after its inception date, such amended policy will be provided to the Commissioner pursuant to §B(3) of this regulation;
(3) Annually as provided in COM4R 31.08.09.13B; or
(4) Upon request of the Commissioner.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.08 - Application for Certificate of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person or entity may not act as a workers' compensation self-insurance group except as so authorized by the Commissioner.
B. Application for a certificate of authority shall be made to the Commissioner on a form prescribed by him and shall include a $25 nonrefundable filing fee.
C. The application form shall be accompanied by the following:
(1) A list of the names of the members of the group, to include each member's:
(a) Corporate name;
(b) Main business address;
(c) State of domicile; and
(d) Date upon which the member's fiscal year ends;
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.09 - Commissioner Attorney for Service of Process on Groups

Current through Register Vol. 51, No. 14, July 12, 2024
Every group shall be deemed to have appointed the Commissioner its attorney to receive service of legal process issued against it in this State and this appointment shall be irrevocable, shall bind any successor in interest and shall remain in effect for so long as there is any obligation or liability of the group in this State for workers' compensation benefits.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.10 - Termination of Certificate of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner may not grant the request of any group to terminate its certificate of authority until the group has insured or reinsured all incurred workers' compensation obligations, including both known claims and expenses associated with them, with an authorized insurer under an agreement filed with and approved in writing by the Commissioner.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.11 - Merger of Groups

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may approve a merger of groups engaged in the same or a similar type of business only if the resulting group assumes in full all obligations of the merging groups.
B. The Commissioner shall hold a hearing on the merger, pursuant to Insurance Article, §§
									2-203 and  2-210 -2-214, Annotated Code of Maryland, if requested to do so by a member of either group.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.12 - Fiscal Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may make an examination of the affairs, transactions, records, and assets of any group as often as the Commissioner deems necessary to determine the group's financial solvency and for the protection of the interest of the people of Maryland, but the examination may not be less frequent than once every 5 years.
B. Each group shall pay to the Commissioner an annual sum of $500 to be used to defray the cost of examinations.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.13 - Annual Submission of Financial Reports and Other Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before 90 days following the end of a group's fiscal year, each group shall submit to the Commissioner a fiscal year-end audited financial report, prepared by an independent certified public accountant, in conformity with generally accepted accounting principles, which shall be on a form prescribed by the Commissioner which shall include, but not be limited to:
(1) Actuarially appropriate reserves for:
(a) Known claims and expenses associated with them;
(b) Claims incurred but not reported and expenses associated with them;
(c) Unearned premiums; and
(d) Bad debts, for which reserves shall be shown as liabilities;
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.14 - Rebates and Temporary Suspension of Member Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any monies for a fund year in excess of the amount necessary to fund all undiscounted losses and loss adjustment expenses for that fund year, actuarially determined by a member of the American Academy of Actuaries or a person who has otherwise demonstrated his or her actuarial competence to the satisfaction of the Commissioner, may be rebated to members of the group.
B. A rebate for any fund year shall be paid only to those employers who remain participants in the group for the entire fund year.
C. Instead of rebating excess monies, a group may temporarily suspend premium contributions for a period of time calculated to result in no excess for the succeeding fund year.
D. No rebates or suspension of premium contributions shall be made when a group is insolvent or otherwise causes the group to be considered in a financially hazardous condition pursuant to §
									9-102 of the Insurance Article of the Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.09 - Group Self-Insurance for Workers' Compensation › Section 31.08.09.15 - Prohibited Unfair Trade Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following actions by a group are prohibited unfair trade practices and are violations of this regulation:
(1) Excluding an employer from a group for any reason based in whole or in part upon race, color, creed, sex, or blindness of the employer or its employees, or for any arbitrary, capricious, or unfairly discriminatory reason;
(2) Excluding an employer from a group by the application of standards which are not reasonably related to the group's economic and business purposes; and
(3) Requiring the existence of special conditions, facts, or situations as a condition to acceptance or continuance in a group of a particular employer in an arbitrary, capricious, or unfairly discriminatory manner based in whole or in part upon race, creed, color, sex, religion, national origin, place of residency, or blindness or other physical handicap or disability of the employer or its employees.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements › Section 31.08.10.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Amount paid to claimant" means the amount of claim settlements and claim awards.
(2) "Closed claim" means a claim filed with the Director of the Health Care Alternative Dispute Resolution Office under Courts and Judicial Proceedings Article, § 3-2 A-04, Annotated Code of Maryland, that has resulted in:
(a) A final judgment in any amount;
(b) A settlement in any amount; or
(c) A final disposition that does not result in payment on behalf of the insured.
(3) "Confidential information" means "confidential commercial information", "confidential financial information", and "financial information" as those terms are used in State Government Article, §
										10-617(d)  and (f), Annotated Code of Maryland.
(4) "Financial information report" means an annual report as described in Regulation .02 of this chapter.
(5) "Insurer" means each insurer that provides professional liability insurance to a physician, nurse, dentist, podiatrist, optometrist, or chiropractor licensed under Health Occupations Article, Annotated Code of Maryland, or a hospital licensed under Health-General Article, Annotated Code of Maryland.
(6) "Neutral expert" has the meaning stated in Courts and Judicial Proceedings Article, § 3-2 A-09(d)(2), Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements › Section 31.08.10.02 - Financial Information Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. An insurer that issues professional liability insurance to health care providers in the State shall submit to the Commissioner a financial information report.
B. Confidential Information.
(1) An insurer that submits a financial information report shall notify the Commissioner at the time of the submission of any information contained in the report that the insurer considers to be proprietary information.
(2) The Commissioner, in accordance with State Government Article, §
										10-617(d)  and (f), Annotated Code of Maryland, shall deny inspection of any part of a report submitted under this chapter that the Commissioner determines contains confidential commercial information or confidential financial information.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements › Section 31.08.10.03 - Closed Claim Survey

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. Each insurer that issues professional liability insurance in the State shall complete and submit to the Commissioner a closed claim survey form, as described in Regulation .04 of this chapter, for each closed claim.
B. Within 90 days after the end of each calendar quarter, an insurer shall complete and submit to the Commissioner the closed claim survey forms for claims closed by the insurer in that quarter.
C. The closed claim survey forms shall be submitted to the Commissioner using an onSline survey tool made available by the Maryland Insurance Administration.
D. A closed claim that is covered under a primary policy and one or more excess policies shall be reported only by the insurer that issued the primary policy. The insurer that issued the primary policy shall report the total amount, if any, paid with respect to the closed claim, including any amount paid under an excess policy and any amount paid by the health care provider subject to the claim or by a person other than an insurer on behalf of that health care provider.
E. A closed claim survey form shall be completed and submitted only for a closed claim that arises out of an act or omission alleged to have occurred in the State or that was covered under a policy of professional liability insurance issued in the State. If the act, omission, or injury alleged in the closed claim allegedly occurred outside the State but was subject to resolution under the substantive laws of the State, a closed claim survey form is not to be submitted on that closed claim, unless the closed claim was covered under a policy of professional liability insurance issued in the State.
F. A single closed claim survey form shall be filed for any closed claim that arises out of the same alleged acts or omissions of a health care provider and asserts the same injury, regardless of the number of claimants seeking damages on account of that injury. Any amounts identified on the closed claim survey form in connection with such a closed claim shall reflect all amounts paid to all claimants in that closed claim.
G. If the insurer did not close any claims during a calendar quarter, the insurer need not submit a closed claim survey form but shall so notify the Commissioner in writing within 90 days after the end of the calendar quarter.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements › Section 31.08.10.04 - Required Information

Current through Register Vol. 51, No. 14, July 12, 2024
The following information shall be reported on a closed claim survey form:
A. Name of insurer;
B. Name of insurer group;
C. Claim file identification (ID);
D. Name of person completing the form;
E. Telephone number, including area code, of person completing the form;
F. Date form completed;
G. Date of injury;
H. Date injury reported to insurer;
I. Date claim closed;
J. Whether the claim was previously reported;
K. Age of injured person at time of injury;
L. Gender of injured person at time of injury;
M. Type of injury, such as wrongful death, permanent disability, or other bodily injury;
N. Description of injury;
O. Name of health facility where injury occurred;
P. Type of medical professional liability policy, such as occurrence, claims made-basic, or claims made-tail;
Q. Type of patient, such as inpatient, emergency room outpatient, or other outpatient;
R. Physician Insurance Services Office Incorporated (ISO) classification or equivalent classification;
S. Type of health care provider, such as physician-no surgery, surgeon, psychiatrist and related specialties, nurse, nurse midwife, optometrist, pharmacist, chiropractor, podiatrist, psychologist, dentist, hospital, other health care facility, or nurse anesthetist;
T. Physician and surgeon classification, including name of specialty;
U. Health care provider name;
V. Health care provider license number;
W. Policy limits for each claim or medical incident;
X. Policy limits for annual aggregate;
Y. If known, the facility, office, or county where the injury occurred;
Z. Whether the claim is a zero payment claim file;
AA. Full name and location of the court where the suit was filed and the case was tried;
BB. Case or docket number;
CC. Whether settlement was reached or award was made at one of the following stages:
(1) Arbitration;
(2) Mediation before suit was filed;
(3) After suit was filed, but before trial;
(4) During trial, but before court verdict;
(5) Court verdict;
(6) After verdict; or
(7) After appeal was filed;
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements › Section 31.08.10.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Failure to report in accordance with this chapter may result in the imposition by the Commissioner of a civil penalty of up to $5,000.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.12 - Temporary Moratoriums and Weather Events › Section 31.08.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to ensure that all authorized insurers that utilize temporary moratoriums on the writing of property and casualty insurance, the addition of endorsements for additional coverages, or other policy changes do so in a way that balances the interests of consumers, insurers, producers, and Maryland businesses.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.12 - Temporary Moratoriums and Weather Events › Section 31.08.12.02 - Filing a Temporary Moratorium Protocol

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer that intends to activate a temporary moratorium in response to an event or emergency listed in Regulation .03C of this chapter shall file its moratorium protocol with the Administration.
B. The moratorium protocol shall:
(1) Be filed with the Commissioner as an underwriting standard or as a rating rule prior to its use;
(2) Be filed for all lines of insurance business to which the underwriting standard or rating rule applies;
(3) Identify the events or emergencies listed in Regulation .03C of this chapter that will trigger the activation of the temporary moratorium; and
(4) Identify the events that will result in the deactivation of the temporary moratorium.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.12 - Temporary Moratoriums and Weather Events › Section 31.08.12.03 - Moratorium Protocol

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer shall design a temporary moratorium protocol to have the least impact on the conduct of insurance business throughout the State as reasonably possible.
B. An insurer may not utilize the activation of a temporary moratorium to suspend the binding or writing of all of its lines of insurance business unless the suspension is reasonably related to the event or emergency that triggered the activation of the temporary moratorium.
C. A temporary moratorium may not become effective until triggered by at least one of the following events or emergencies:
(1) The National Weather Service issues a hurricane or tropical storm watch, warning, or advisory for part of the State or the entire State. For the purpose of this subsection, the "National Weather Service" shall mean the National Weather Service, National Hurricane Center in Miami, Florida, and its regional National Weather Service Forecast Office covering a part of the State.
(2) The Governor or other governmental entity declares a state of emergency for part of the State or the entire State;
(3) The announcement of an evacuation, whether mandatory or voluntary, for part of the State or the entire State;
(4) The imposition of a special curfew for part of the State or the entire State; or
(5) The onset of an earthquake that is in an area within:
(a) 50 miles of the epicenter of an earthquake that measures 5.0 to 5.9 on the Richter scale; or
(b) 100 miles of the epicenter of an earthquake that measures greater than 5.9 on the Richter scale.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.12 - Temporary Moratoriums and Weather Events › Section 31.08.12.04 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
An insurer may not utilize the activation of a temporary moratorium to deny binding authority or coverage for the following transactions:
A. Property insurance that was bound prior to the activation of the temporary moratorium;
B. Automobile liability insurance purchased in connection with the purchase of a new or used motor vehicle by a consumer;
C. Issuance of a policy for which the risk of loss is unrelated to the events or emergencies listed Regulation .03C of this chapter; or
D. The purchase of additional coverages, endorsements, or limits for an existing policy during its renewal period, subject to any change becoming effective on the renewal date of the policy. For the purpose of section, "renewal period" means the 45-day period immediately prior to the renewal date of a policy.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.12 - Temporary Moratoriums and Weather Events › Section 31.08.12.05 - Deactivating a Temporary Moratorium

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer shall regularly monitor its activated temporary moratorium.
B. A temporary moratorium that is activated based on an event listed under Regulation .03C(1) of this chapter may not continue for more than 24 hours after the termination of the last hurricane or tropical storm watch, warning, or advisory issued by the National Weather Service for part of the State or the entire State.
C. Earthquake.
(1) A temporary moratorium that is activated because of an earthquake under Regulation .03C(5) of this chapter shall be deactivated no later than 72 hours after the onset of the earthquake.
(2) An aftershock that measures 5.0 or greater on the Richter scale that occurs during a temporary moratorium that was activated because of an earthquake under Regulation .03C(5) of this chapter may be treated as the onset of a new earthquake, resulting in the beginning of a new 72-hour period during which an insurer may continue to suspend binding authority.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.13 - Application of a Percentage Deductible in the Case of a Hurricane › Section 31.08.13.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to implement Insurance Article, §§
									19-209 and  19-209.1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.13 - Application of a Percentage Deductible in the Case of a Hurricane › Section 31.08.13.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to all property and casualty insurers authorized to write homeowner's insurance policies in Maryland.
B. This chapter applies to any policy of homeowner's insurance that provides a percentage deductible.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.13 - Application of a Percentage Deductible in the Case of a Hurricane › Section 31.08.13.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Delivery by electronic means" includes:
(a) Delivery to an electronic mail address at which a party has consented to receive notice; and
(b) Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.13 - Application of a Percentage Deductible in the Case of a Hurricane › Section 31.08.13.04 - Underwriting Standard

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer may not adopt or amend an underwriting standard that requires a hurricane percentage deductible that exceeds 5 percent unless the insurer has filed the underwriting standard or the amendment to the underwriting standard with the Commissioner
B. If an insurer withdraws an underwriting standard that requires a percentage deductible that exceeds 5 percent, the insurer shall notify the Commissioner in writing within 10 days of the withdrawal.
C. An insurer that makes a filing under §A of this regulation shall include the following information in the filing:
(1) The insurer's NAIC number;
(2) A copy of the underwriting standard the insurer proposes to adopt, the amendment to an underwriting standard currently in use, or notice of withdrawal of an underwriting standard currently in use;
(3) The date on which the insurer intends to adopt, amend, or withdraw the underwriting standard;
(4) All of the data on which the insurer relied in developing the proposed underwriting standard, amendment to the underwriting standard, or withdrawal of the underwriting standard;
(5) A copy of each page in the insurer's rating manual that relates to the underwriting standard;
(6) A copy of any underwriting standard with a percentage deductible currently in use by the insurer for homeowner's insurance, including any SERFF tracking number associated with the underwriting standard, or a statement that the insurer does not currently have an underwriting standard with a percentage deductible for homeowner's insurance; and
(7) Any other information the Commissioner considers necessary.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.14 - Coverage for Loss Caused by Water That Backs Up Through Sewers or Drains › Section 31.08.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to loss that is caused by a flood.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.14 - Coverage for Loss Caused by Water That Backs Up Through Sewers or Drains › Section 31.08.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Backs up" means reverses course, discharges, escapes, overfills, or overflows.
(2) "Drain" means a line, pipe, or any other part of a system that:
(a) Is located inside or outside of a dwelling; and
(b) Drains water away from the dwelling.
(3) Dwelling coverage" means coverage under a policy of homeowner's insurance for losses resulting from damage to:
(a) The dwelling of the policyholder; and
(b) Any structure of the policyholder that is attached to the dwelling.
(4) Flood.
(a) "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(i) The overflow of inland or tidal waters;
(ii) The unusual and rapid accumulation or runoff of surface water from any source; or
(iii) Mudslides that are proximately caused by the unusual and rapid accumulation or runoff of surface water from any source and are similar to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(b) "Flood" includes a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters due to the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by:
(i) Waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm;
(ii) An unanticipated force of nature, such as a flash flood or abnormal tidal surge; or
(iii) A similarly unusual and unforeseeable event.
(5) Homeowner's Insurance.
(a) "Homeowner's insurance" means insurance for residential property provided under:
(i) A homeowner's policy;
(ii) A condominium owner's policy;
(iii) A mobile homeowner's policy;
(iv) A renter's policy; or
(v) A noncommercial farm owner's policy.
(b) Homeowner's insurance" does not include an umbrella policy.
(6) "Loss-of-use coverage" means coverage under a policy of homeowner's insurance for loss of use of the policyholder's dwelling.
(7) "Other structure coverage" means coverage under a policy of homeowner's insurance for losses resulting from damage to a structure of the policyholder that is on the same property as the policyholder's dwelling, but is not attached to the dwelling.
(8) "Personal property coverage" means coverage under a policy of homeowner's insurance for losses resulting from damage to personal property that is owned by the policyholder or used by the policyholder.
(9) Sewer" means an underground conduit used to carry off water and waste matter.
(10) "Water" includes sewage and other waterborne waste matter.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.14 - Coverage for Loss Caused by Water That Backs Up Through Sewers or Drains › Section 31.08.14.03 - Offer of Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer that issues, sells, or delivers a policy of homeowner's insurance in the State shall at the time of application and renewal offer in writing to provide coverage for loss that:
(1) Is caused by or results from water or that backs up into a dwelling or other covered structure through a sewer or drain, regardless of the origin of the water ; and
(2) (originally proposed text unchanged)
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to a binder or policy, other than a renewal policy, of personal insurance, commercial property insurance, or commercial liability insurance.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Delivery by electronic means" includes:
(a) Delivery to an electronic mail address at which a party has consented to receive notice; and
(b) Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.03 - Underwriting Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. A binder or policy is subject to a 45-day underwriting period beginning on the effective date of coverage.
B. With respect to an account that contains multiple binders or policies, each binder or policy in the account is subject to a separate 45-day underwriting period beginning on the effective date of coverage for that binder or policy.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.04 - Discovery of Material Risk Factor During Underwriting Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an insurer discovers a material risk factor during the underwriting period, the insurer shall recalculate the premium for the policy or binder based on the material risk factor as long as the risk continues to meet the underwriting standards of the insurer in accordance with the rates and supplementary rating information filed under Insurance Article, Title 11, Subtitle 3, Annotated Code of Maryland.
B. Notice of Recalculated Premium.
(1) The amount of the recalculated premium;
(2) The reason for the increase or reduction in the premium in accordance with §C of this regulation; and
(3) That the insured has the right to terminate the policy and receive a pro rata refund of any premium paid by notifying the insurer of the termination.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.06 - Cancellation of Binder or Policy During Underwriting Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. An insurer may cancel a binder or policy during the 45-day underwriting period if the risk does not meet the underwriting standards of the insurer.
B. Cancellation for Reason Other than Nonpayment of Premium.
(1) Except as provided in §B(2) of this regulation, an insurer that cancels a policy or binder under this regulation for a reason other than nonpayment of premium shall:
(a) Provide the insured with a written notice of cancellation that clearly and specifically states the insurer's actual reason for the cancellation; and
(b) Send the notice of cancellation to the named insured's last known address by a first-class mail tracking method not less than 15 days before the effective date of the cancellation.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.07 - Refund of Premium

Current through Register Vol. 51, No. 14, July 12, 2024
If an insured terminates a policy following receipt of a notice of recalculated premium, the insurer shall refund to the insured any premium paid by the insured on a pro rata basis.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.08 - Notice of Ability to Cancel Binder or Policy or Recalculate Premium

Current through Register Vol. 51, No. 14, July 12, 2024
At the time of application or when a binder or policy is issued, an insurer shall provide written notice of its ability to cancel a binder or policy or recalculate the premium from the effective date of the policy during the underwriting period.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.15 - Underwriting Period › Section 31.08.15.09 - Premium Audit

Current through Register Vol. 51, No. 14, July 12, 2024
Nothing in this chapter prohibits an insurer from:
A. Conducting an audit in accordance with the provisions of a policy; or
B. Charging and collecting the appropriate premium based on the results of the audit in accordance with the rates and supplementary rating information filed by the insurer under Insurance Article, Title 11, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.16 - Notice of Amount of Renewal and Expiring Policy Premiums › Section 31.08.16.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to ensure that an insurer properly notifies the named insured and insurance producer of the amount of a policy's renewal and expiring premiums in accordance with Insurance Article, §
									27-607, Annotated Code of Maryland
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.16 - Notice of Amount of Renewal and Expiring Policy Premiums › Section 31.08.16.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all 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.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.16 - Notice of Amount of Renewal and Expiring Policy Premiums › Section 31.08.16.03 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter the following terms have the meanings indicated.
B. Terms Defined.
(1) "Expiring premium" means:
(a) The dollar amount of the premium charged at the beginning of the expiring policy term; and
(b) If different, the dollar amount of the premium charged at the end of the expiring policy term on an annualized basis.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.16 - Notice of Amount of Renewal and Expiring Policy Premiums › Section 31.08.16.04 - Procedures and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. At least 45 days prior to the renewal date of a policy subject to this chapter, an insurer shall send written notice to the named insured and the insurance producer of the policy.
B. The notice required under §A of this regulation:
(1) Shall be clear and specific;
(2) Shall state the dollar amount or amounts of the policy' s expiring premium;
(3) Shall state the dollar amount of the policy's renewal premium;
(4) Shall be sent either by first class mail or delivered by electronic means pursuant to the requirements of Insurance Article, § 27 -601.2, Annotated Code of Maryland; and
(5) May be sent together with the renewal policy.
Code of Maryland Regulations › Title 31 - MARYLAND INSURANCE ADMINISTRATION › Subtitle 08 - PROPERTY AND CASUALTY INSURANCE › Chapter 31.08.16 - Notice of Amount of Renewal and Expiring Policy Premiums › Section 31.08.16.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Penalties for violations of these regulations shall be assessed in accordance with Insurance Article, §§
									4-113 and  27-612, Annotated Code of Maryland