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Session Laws, 1971
Volume 707, Page 1141   View pdf image
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Marvin Mandel, Governor                        1141

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 66
of this Code. Further, the plan shall afford private passenger auto-
mobiles and pick-up trucks used MOTOR VEHICLES NOT EX-
CLUSIVELY as private passenger vehicles owned by an individual
or individual and spouse with medical payments, fire, theft and
collision coverages to such extent that an applicant will be afforded
insurance sufficient to cover the insurable interest in a private
passenger automobile (less any deductible 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 themselves
on the use of reasonable rate modifications for such insurance, equita-
ble apportionment shall include any and all appropriate voluntary
plans filed by or on behalf of any insurer, group of insurers or fleet
of insurers if in the opinion of the Commissioner such voluntary
plans exceed the provisions of this subsection, such agreements and
rate modifications to be subject to the approval of the Commissioner.

(3)    Every insurer undertaking to afford any insurance coverage
named in the first paragraph 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 submission
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 insur-
ance, 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; (iii) the
limits of liability which the insurer shall be required to assume;
(iv) a method whereby applicants for insurance, insured and insurers
may have a hearing on grievances and the right to appeal to the
Commissioner. The Maryland automobile insurance plan shall be
filed in writing with the Commissioner. The Commissioner shall
review the plan as soon as reasonably possible after filing in order
to determine whether it meets the requirements set forth in this
subsection. The plan unless sooner approved in writing shall be on
file for a waiting period of 30 days before it becomes effective. The
plan shall be deemed approved unless disapproved by the Commis-
sioner within the waiting period. Subsequent to the waiting period,
the Commissioner may disapprove the plan on the ground that it does
not meet the requirements 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 fails to meet such requirements, and
stating when within a reasonable period thereafter the plan shall be
deemed no longer effective. Such order shall not affect any assignment
made or policy issued or made prior to the expiration of the period


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Session Laws, 1971
Volume 707, Page 1141   View pdf image
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