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Session Laws, 1990 Session
Volume 436, Page 1920   View pdf image (33K)
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Ch. 473 LAWS OF MARYLAND

Article 48A - Insurance Code

541.

(a) Nothing in this subtitle affects or limits the provisions of Title 17 of the
Transportation Article, and every policy of motor vehicle liability insurance issued, sold,
or delivered in this State shall provide the minimum liability coverage specified therein.

(b) (1) Nothing in this subtitle or in Title 17 of the Transportation Article
prevents an insurer from issuing, selling, or delivering a policy of motor vehicle liability
insurance providing liability coverage in excess of the requirements of the Maryland
Vehicle Law.

(2) Nothing in this subtitle shall be construed to prohibit an insurer from
providing Christian Science care and treatment, and such Christian Science care and
treatment shall constitute economic loss.

(c) (1) In this subsection "uninsured motor vehicle" means a motor vehicle
whose ownership, maintenance, or use has resulted in the bodily injury or death of an
insured, and for which the sum of the limits of liability under all valid and collectible
liability insurance policies, bonds, and securities applicable to the bodily injury or death
is less than the amount of coverage provided to the insured under this subsection.

(2) In addition to any other coverage required by this subtitle, every policy
of motor vehicle liability insurance issued, sold, or delivered in this State after July 1,
1975 shall contain coverage, in at least the amounts required under Title 17 of the
Transportation Article, for damages which the insured is entitled to recover from the
owner or operator of an uninsured motor vehicle because of bodily injuries sustained in
an accident arising out of the ownership, maintenance, or use of such uninsured motor
vehicle. There shall be offered in writing to the insured the opportunity to contract for
higher amounts than those provided under Title 17 of the Transportation Article if
these amounts do not exceed the amounts of the motor vehicle liability coverage
provided by the policy. The coverage required under this subsection (c) shall be in such
form and subject to such conditions as may be approved by the Commissioner of
Insurance. Any provision in any policy of motor vehicle liability insurance issued after
July 1, 1975, with respect to the coverage provided for damages sustained by the insured
as a result of the operation of an uninsured motor vehicle, which commands or requires
the submission of any dispute between the insured and the insurer to binding
arbitration, is prohibited and shall be of no legal force or effect. In no case shall the
uninsured motorist coverage be less than the coverage afforded a qualified person
under Article 48A, §§ 243H and 243-1. However, the insurer may exclude from coverage
benefits for:

(i) The named insured or members of his family residing in the
household when occupying, or struck as a pedestrian by, an uninsured motor vehicle
that is owned by the named insured or a member of his immediate family residing in his
household; and

(ii) The named insured, members of his family residing in the
household, and all other persons having other applicable automobile insurance and

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Session Laws, 1990 Session
Volume 436, Page 1920   View pdf image (33K)
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