1168                               LAWS OF MARYLAND                         [CH. 553

377. Standard Provisions, in General.

(a)   Insurance and annuity contracts shall contain such standard
or uniform provisions as are required by the applicable provisions
of this article pertaining to contracts of particular kinds of insur-
ance and annuities. The Commissioner may waive the required use
of a particular provision in a particular insurance policy or contract
form if:

(1)   He finds such provision unnecessary for the protection of the
insured or inconsistent with the purposes of the policy, and

(2)   The policy is otherwise approved by him.

(b)   No policy or contract shall contain any provision inconsistent
with or contradictory to any standard or uniform provision used or
required to be used but the Commissioner may approve any substi-
tute provision which is, in his opinion, not less favorable in any par-
ticular to the insured, annuitant or beneficiary than the provisions
otherwise required.

(c)   In lieu of the provisions required by this article for contracts
for particular kinds of insurance and annuities, substantially similar
provisions required by the law of the domicile of the foreign or alien
insurer may be used when not in conflict with the law of this State.

(d)   No such provision, if required to be contained in the policy,
can be waived by agreement between the insurer and any other
person.

377A. Prohibited Provisions.

No life insurance policy, or annuity contract, or health insurance
policy shall be delivered or issued for delivery in this State if it
contains any of the following provisions:

(1)   A provision that the contract is to be construed according to
the laws of any other state or country.

(2)   A provision that the rights and obligations of the insured or
any person claiming under such contract are to be governed by any
other than the laws of this State.

(3)   A provision for a period shorter than three years within
which an action at law or in equity may be commenced on such a
policy.

(4)   A provision depriving the courts of this State of the juris-
diction of any action at law or in equity against the insurer.

(5)   A provision to the effect that the agent soliciting the insur-
ance or annuity is the agent of the person covered under such con-
tract, or making the acts or representations of such agent binding
upon the person so covered.

378. Validity of Noncomplying Forms.

Any insurance policy, rider, or endorsement hereafter issued and
otherwise valid which contains any condition or provision not in
compliance with the requirements of this article, shall not be thereby
rendered invalid but shall be construed and applied in accordance
with such conditions and provisions as would have applied had such
policy, rider, or endorsement been in full compliance with this article.