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Session Laws, 1987
Volume 769, Page 2779   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 602

(ii) The proposed effective date of the action;

(iii) The insurer's actual reason or reasons for
proposing to take such action. The statement of reasons shall be
sufficiently clear and specific so that a person of average
intelligence can identify the basis for the insurer's decision,
without making further inquiry. Generalized terms such as
"personal habits," "living conditions," "poor morale," or
"violation or accident record" shall not suffice to meet the
requirements of this section;

(iv) If there is coupled with the notice an offer to
continue or renew the policy in accordance with § 240C-1 hereof,
the name of the person or persons to be excluded from coverage,
and what the premium would be if the policy is continued or
renewed with such person or persons excluded from coverage;

(v) The right of the insured to replace the insurance
through the Maryland Automobile Insurance Fund; and the current
address and telephone number of the fund FUND;

(vi) The right of the insured to protest the proposed
action and request a hearing thereon before the Commissioner by
signing two 2 copies of the notice and sending them to the
Commissioner within ten 10 days after receipt of the notice.

(vii) That if a protest is filed by the insured, the
current insurance will remain in effect until a determination is
made by the Commissioner upon payment of any lawful premium due
or becoming due prior to the determination;

(viii) The authority of the Commissioner to award
reasonable counsel fees to the insured for services rendered to
the insured in connection with any such hearing if he finds the
proposed action of the insurer to be unjustified.

(c)  Any statement of reasons contained in the notice given
pursuant to subsection (b) (iii) hereof shall be privileged and
shall not constitute grounds for any action against the insurer
or its representatives or any person who in good faith furnishes
to the insurer the information upon which the statement is based.

(d)  An insured shall have the right to protest the proposed
action of the insurer by signing two 2 copies of the notice and
sending them to the Commissioner within 30 days after receipt of
the notice. The Commissioner shall, upon receipt of a protest,
notify the insurer of the filing of the protest.

(e)  A protest duly filed shall stay the proposed action of
the insurer pending a final determination thereof by the
Commissioner, and the insurer shall keep in full force and effect
the same coverage and premium in effect on the day the notice of
proposed change was sent until such final determination is made,

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Session Laws, 1987
Volume 769, Page 2779   View pdf image
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