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Session Laws, 1972
Volume 708, Page 230   View pdf image
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230                              Laws of Maryland                        [Ch. 28

or procuring agent, but in no event earlier than 30 days from
the date when the insurance became effective, or (2) the broker or
procuring agent orders cancellation for nonpayment, or (3) a lender
or assignee, whether by written power of attorney or otherwise, or-
ders cancellation. An insurer hereunder shall not cancel any insur-
ance for nonpayment of premiums where the premium due has been
paid to the broker or licensed procuring agent. Notwithstanding any
default of the insured in a premium payment to the broker or pro-
curing agent, or any cancellation or replacement of the insurance,
whether prior to or after the issuance of a policy any broker or pro-
curing agent who binds or places as such insurance is liable to the
insurer for payment in full of the net premium therefor for the time
the insurance is in force. The plan may provide for a minimum net
earned premium of not exceeding $15.00 per automobile.

(vii) An insurer hereunder shall upon appropriate notice in ac-
cordance with Section 486F, of this article cancel the insurance and
return the unearned premium to the lender, assignee, broker, or other
person who is entitled to the same.

(viii) The broker or procuring agent shall be allowed a commis-
sion on such business of not less than 10 percent of the gross pre-
mium, and no insurer may require that the broker remit greater than
the resulting net premium after deduction of commissioners COM-
MISSIONS under the Maryland automobile insurance plan.

(ix) Any insured under the plan as of January 1, 1970 who has
completed any three year assignment period, and who during that
period has had no moving traffic violations, except one point, or traf-
fic accidents for which he or any authorized operator was held re-
sponsible, is entitled to renewal coverage from the assigned insurer
at rates comparable to those charged by standard insurers and ap-
proved by the Commissioner. It is the responsibility of the assigned
insurer to notify the insured that the company will provide renewal
coverage on this basis. The renewal coverage provided for in this
section will continue on a year to year basis.

518.

All proceedings in which the insolvent insurer is a party or is
obligated to defend a party in any court in this State shall be
stayed for 60 days from the date the insolvency is determined to per-
mit proper defense by the Association of all pending causes of action.
[Any] As to any covered claims arising from a judgment under any
decision, verdict or finding based on the default of the insolvent in-
surer or its failure to defend an insured, the Association either on
its own behalf or on behalf of such insured may apply to have such
judgment, order, decision, verdict or finding set aside by the same
court or administrator that made such judgment, order, decision,
verdict or finding and shall be permitted to defend against such
claim on the merits.

533.

(3) For the purpose of carrying out its obligations under this sub-
title, the Association shall be deemed to be a creditor of the impaired
insurer to the extent of assets attributable to covered policies reduced
by any amounts to which the Association is entitled as subrogee pur-
suant to [sub-] section 527(9). All assets of the impaired insurer

 

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Session Laws, 1972
Volume 708, Page 230   View pdf image
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