MARVIN MANDEL, Governor 861
Section 1. Be it enacted by the General Assembly of Maryland,
That Subsection 243(n) of Article 48A of the Annotated Code of
Maryland (1968 Replacement Volume and 1968 Supplement), title
"Insurance," subtitle "16. Rates and Rating Organizations," be and
it is hereby repealed in its entirety, and that a new Subsection 243(n)
be and it is hereby enacted, under the same title and subtitle, in lieu
thereof and to stand in place of the repealed subsection, to read as
follows:
243.
(n) Maryland automobile insurance plan for assigned risks.—
(1) Any person, firm or Maryland corporation unable to obtain
automobile and motor vehicle insurance through ordinary methods
shall be eligible for insurance through insurers participating in the
Maryland Automobile Insurance Plan. The Plan shall afford appli-
cants insurance for bodily and property damage liability sufficient
to satisfy the financial responsibility requirements of Article 66½
of this Code. Further, the plan shall afford private passenger auto-
mobiles owned by an individual or individual and spouse with med-
ical payments, fire, theft and collision coverages, to such extent that
an applicant will be afforded insurance sufficient to cover the in-
surable interest in a private passenger automobile (less any deduc-
tible provision).
(2) Agreements may be made among insurers with respect to
the equitable apportionment among them of insurance which may
be afforded applicants who are unable to procure such insurance
through ordinary methods and such insurers may agree among them-
selves on the use of reasonable rate modifications for such insurance,
equitable apportionment shall include any and all appropriate volun-
tary plans filed by or on behalf of any insurer, group of insurers or
fleet of insurers if in the opinion of the Commissioner such volun-
tary plans exceed the provisions of this subsection, such agreements
and rate modifications to be subject to the approval of the Commis-
sioner.
(3) Every insurer undertaking to transact in this State the busi-
ness of automobile and motor vehicle insurance AFFORD ANY
INSURANCE OR COVERAGE NAMED IN THE FIRST PARA-
GRAPH OF THIS SUBSECTION, WHETHER SINGLY OR IN
ANY COMBINATION, and every rating organization which files
rates for such insurance shall cooperate in the preparation and sub-
mission of a plan to be known as Maryland automobile insurance plan
for the equitable apportionment among insurers of applicants who
are unable to procure such insurance through ordinary methods.
The Maryland automobile insurance plan 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 modifications applicable to such risks which shall
not be excessive, inadequate or unfairly discriminatory; (in) the
limits of liability which the insurer shall be |