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Session Laws, 1970
Volume 695, Page 642   View pdf image
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642                              Laws of Maryland                       Ch. 264

methods. The Maryland automobile insurance plan shall provide:
(i) reasonable rules governing the equitable distribution of risks
by direct insurance, reinsurance or otherwise and their assignment
to insurers; (ii) rates and rate modifications applicable to such
risks which shall not be excessive, inadequate or unfairly discrimi-
natory; (iii) the limits of liability which the insurer shall be re-
quired to assume; (iv) a method whereby applicants for insurance,
insured and insurers may have a hearing [or] (on) grievances and
INSURED AND INSURERS MAY HAVE A HEARING ON
GRIEVANCES AND the right to appeal to the Commissioner. The
Maryland automobile insurance plan shall be filed in writing with
the Commissioner. The Commissioner shall review the plan as soon
as reasonably possible after filing in order to determine whether it
meets the requirements set forth in this subsection. The plan unless
sooner approved in writing shall be on file for a waiting period of 30
days before it becomes effective. The plan shall be deemed approved
unless disapproved by the Commissioner within the waiting period.
Subsequent to the waiting period, the Commissioner may disapprove
the plan on the ground that it does not meet the requirements set
forth in this subsection, but only after a hearing held upon not less
than 10 days written notice to every insurer and rating organization
affected specifying the matters to be considered at such hearing,
and only by an order specifying in what respect he finds that the
plan fails to meet such requirements, and stating when within a
reasonable period thereafter the plan shall be deemed no longer
effective. Such order shall not affect any assignment made or policy
issued or made prior to the expiration of the period set forth in
said order. Amendments to the plan shall be prepared, filed and
reviewed in the same manner as herein provided with respect to
the original plan or plans.

If no plan meeting the standards set forth in this subsection is
submitted to the Commissioner within the periods stated in any
order disapproving any existing plan he shall, if necessary to carry
out the purpose of this subsection, after a hearing, prepare and
promulgate a plan meeting such requirements.

When the plan or amendments thereto have been approved or
promulgated, no insurer shall thereafter issue a policy of automo-
bile or motor vehicle insurance or undertake to transact such busi-
ness in this State unless such insurer shall participate in the plan
to the extent of the coverages enumerated in this subsection and
as are inclusive in any filing made by or on behalf of such insurer
under this Code. If after hearing, the Commissioner finds that any
activity or practice of any insurer or rating organization in con-
nection with the operation of the plan is unfair or unreasonable or
otherwise inconsistent with the provisions of this subsection he may
issue a written order specifying in what respects such activity or
practice is unfair or unreasonable or otherwise inconsistent with
the provisions of this subsection and requiring the discontinuance
of such activity or practice.

243(n)(4).

(i) The Maryland automobile insurance plan must be in force
at all times and it shall be the duty of the [Commissioners] Com-
missioner
to so require or promulgate such a plan.

 

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Session Laws, 1970
Volume 695, Page 642   View pdf image
 Jump to  
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