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Session Laws, 1972
Volume 708, Page 228   View pdf image
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228                               Laws of Maryland                        [Ch. 28

voluntary plans exceed the provisions of this [subsection] section,
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] section, 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) reason-
able rules governing the equitable distribution of risks by direct in-
surance, 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, insureds and insurers
may have a hearing on grievances and the right to appeal to the Com-
missioner. 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 de-
termine whether it meets the requirements set forth in this [sub-
section] section. The plan unless sooner approved in writing shall
be on file for a waiting period of 30 days before it becomes effec-
tive. The plan shall be deemed approved unless disapproved by the
Commissioner 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]
section, but only after a hearing held upon not less than 10 days writ-
ten notice to every insurer and rating organization affected speci-
fying 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 set forth in said order. Amendments
to the plan shall be prepared, filed and reviewed in the same man-
ner as herein provided with respect to the original plan or plans.

If no plan meeting the standards set forth in this ([subsection]
section is submitted 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] section, after a hear-
ing, prepare and promulgate a plan meeting such requirements.

When the plan or amendments thereto have been approved or pro-
mulgated, no insurer shall thereafter issue a policy of automobile
or motor vehicle insurance or undertake to transact such business
in this State unless such insurer shall participate in the plan to the
extent of the coverages enumerated in this [subsection] section and
as are inclusive in any filing made by or on behalf of such in-
surer under this Code. If after hearing, the Commissioner finds that
any activity or practice of any insurer or rating organization in con-
nection with the operation of the plan is unfair or unreasonable or
otherwise inconsistent with the provisions of this [subsection] sec-
tion
he may issue a written order specifying in what respects such

 

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Session Laws, 1972
Volume 708, Page 228   View pdf image
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