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Session Laws, 1972
Volume 708, Page 286   View pdf image
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286                              Laws of Maryland                        [Ch. 73

(d)    An insured shall have the right to protest the proposed ac-
tion of the insurer by signing two copies of the notice and sending
them to the Commissioner within ten FIFTEEN days after receipt
of the notice. The Commissioner shall, upon receipt of a protest,
notify the insurer of the filing of the protest.

(e)    A protest duly filed shall stay the proposed action of the in-
surer pending a final determination thereof by the Commissioner, and
the insurer shall keep in full force and effect the same coverage
and premium in effect on the day the notice of proposed change was
sent until such final determination is made, provided that any lawful
premium due or becoming due prior to such determination is paid.

(f)    If the Commissioner finds from the notice that the protest is
without merit, he may dismiss the protest without a hearing, and
shall, in that event, promptly notify the insurer and the insured in
writing of his action. If the protest is dismissed without a hearing,
the proposed action of the insurer shall become effective on its pro-
posed effective date OR FIFTEEN DAYS AFTER WRITTEN
NOTICE OF THE ACTION IS GIVEN BY THE COMMISSIONER
TO THE INSURED, WHICHEVER IS LATER. In all other cases
the Commissioner shall hold a hearing on the protest within thirty
days after receipt of the protest and shall give written notice of the
time and place thereof to the insurer and the insured at least ten
days prior to the scheduled date of the hearing. The insurer shall
have the burden of proving its proposed action to be justified, and,
in doing so, may rely only upon the reasons set forth in its notice to
the insured.

(g)    If the Commissioner finds the proposed action to be justified,
he shall dismiss the protest and allow the proposed action to be taken
on the later of (i) its proposed effective date, or (ii) fifteen TWENTY
days after the date of the determination. If the Commissioner finds
the proposed action to be unjustified, he shall disallow the action,
and may, in addition, order the insurer to pay such reasonable coun-
sel fees incurred by the insured for representation at the hearing as
he may deem appropriate. The Commissioner may delegate the du-
ties and powers conferred in this section to one or more employees
or hearing examiners.

(H) ANY PARTY MAY APPEAL TO A COURT OF LAW
THE DECISION OF THE COMMISSIONER IN ACCORDANCE
WITH SECTION 40 OF THIS ARTICLE.

240B. Notice of renewal premium due.

(a)    Insurers have a duty to provide each policyholder with a
notice of renewal premium due at least 17 days in advance of the due
date, unless a notice of intention not to renew has been furnished in
compliance with Section 240A and 240AA. This duty may be dis-
charged by any duly licensed agent or broker.

(b)    If there is a failure to discharge the duty set forth in
[paragraph] subsection (a) of this [subsection] section, and there-
after the policyholder fails to make timely payment of the renewal
premium the insurer must:

(1) Provide coverage for any claim which would have been
covered under the policy, if it arises within 45 days after the date
the insured discovers or should have discovered that his policy has not
been renewed and,

 

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Session Laws, 1972
Volume 708, Page 286   View pdf image
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