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Session Laws, 1963
Volume 671, Page 1082   View pdf image (33K)
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1084                             LAWS OF MARYLAND                        [CH. 553

allow to the plaintiff a reasonable attorney fee and include such fee
in any judgment that may be rendered in such action. Such fee shall
not exceed twelve and one-half per cent of the amount which the
court or jury finds the plaintiff is entitled to recover against the
insurer, but in no event shall such fee be less than twenty-five
dollars. Failure of an insurer to defend any such action shall be
deemed prima facie evidence that its failure to make payment was
vexatious and without reasonable cause.

211.    Exemptions.

The provisions of this Unauthorized Insurers Process Act shall not
apply to any action, suit or proceeding against any unauthorized
foreign or alien insurer arising out of a contract of

(a)   Reinsurance of the liability of an admitted insurer;

(b)   Insurance against perils of navigation, transit or transporta-
tion upon hulls, freights or disbursements, or other ship owner
interest; upon goods, wares, merchandise and all other personal
property and interests therein, in course of exportation from or
importation into any country, or transportation coastwise, including
transportation by land or water from point of origin to final destina-
tion and including war risks; and marine builder's risks, dry docks
and marine railways, including insurance of ship repairer's liability,
and protection and indemnity insurance, but excluding insurance
covering bridges or tunnels.

(c)   Aircraft insurance;

(d)   Insurance on property or operations of railroads engaged in

interstate commerce;

(e)   Insurance effectuated in accordance with the Surplus Line
Insurance Law, subtitle 13, or

(f)   Insurance against legal liability arising out of the ownership,
operation or maintenance of any property having a permanent situs
outside of this State; or

(g)   Insurance against loss of or damage to any property having
a permanent situs outside this State.

Where such contract contains a provision designating the Com-
missioner and his successor or successors in office to be its true and
lawful attorney upon whom may be served all lawful process in
any action, suit or proceeding instituted by or on behalf of an insured
or beneficiary arising out of any such contract or where the insurer
enters a general appearance in any such action, suit or proceeding.

15. UNFAIR TRADE PRACTICES

212.    Purposes of Trade Practices Law.

The purpose of this subtitle is to regulate trade practices in the
business of insurance in accordance with the intent of Congress as
expressed in the Act of Congress of March 9, 1945 (Public Law 15,
79th Congress, ch. 20, 50 U. S. Stat. at Large 33), by defining, or
providing for determination of, all such practices in this State which
constitute unfair methods of competition or unfair or deceptive acts
or practices and by prohibiting the trade practices so defined or de-
termined.

 

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Session Laws, 1963
Volume 671, Page 1082   View pdf image (33K)
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