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Session Laws, 1966
Volume 678, Page 772   View pdf image (33K)
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772                                   LAWS OF MARYLAND                          [CH. 462

243.

(n) (1) Agreements may be made among insurers with respect
to the equitable apportionment among them of insurance which may
be afforded applicants [motorists] who are unable to procure such
insurance through ordinary methods and such insurers may agree
among themselves on the use of reasonable rate modifications for
such insurance, such agreements and rate modifications to be subject
to the approval of the Commissioner.

(2) Every insurer undertaking to transact in this State the
business of automobile and motor vehicle injury and property damage
liability insurance and every rating organization which files rates
for such insurance shall cooperate in the preparation and submission
of a plan to be known as Maryland Automobile Insurance Plan [or
plans] for the equitable apportionment among insurers of applicants
[motorists] who are unable to procure such insurance through ordi-
nary methods. The Maryland Automobile Insurance Plan [Such a
plan or plans] 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 mod-
ifications applicable to such risks which shall not be excessive, inade-
quate or unfairly discriminatory; (iii) the limits of liability which
the insurer shall be required to assume; (iv) a method whereby ap-
plicants for insurance, insureds and insurers may have a hearing or
grievances and the right to appeal to the Commissioner. The Mary-
land Automobile Insurance Plan
[Every such plan] shall be filed
in writing with the Commissioner. The Commissioner shall review
the Plan [plan] as soon as reasonably possible after filing in order
to determine whether it meets the requirements set forth in this
subsection. The Plan [Each plan] unless sooner approved in writing
shall be on file for a waiting period of 30 days before it becomes
effective. The Plan [A plan] shall be deemed approved unless dis-
approved by the Commissioner within the waiting period. Subse-
quent to the waiting period, the Commissioner may disapprove the
Plan
[any plan] on the ground that it does not meet the require-
ments 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 [such plan] fails to meet such requirements, and stat-
ing when within a reasonable period thereafter the Plan [such
plan] shall be deemed no longer effective. Such order shall not affect
any assignment made or policy issued or made prior to the expira-
tion of the period set forth in said order. Amendments to the Plan
[such plan or plans] 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 sub-
mitted 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 [such plan or plans] or amendments thereto have
been approved or promulgated, no insurer shall thereafter issue a

 

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Session Laws, 1966
Volume 678, Page 772   View pdf image (33K)   << PREVIOUS  NEXT >>


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