290                              Laws of Maryland                        [Ch. 73

insurer whose rates or part thereof are found to be in violation of
subsection (c) to reimburse any insured who, during the period of
time such rates were in effect, not exceeding one year, paid a higher
premium than the Commissioner finds should have been charged had
the rates been in compliance with subsection (c), an amount equal
to the difference between the premium paid and the premium which
the Commissioner finds should have been charged during such pe-
riod; provided, however, that no order of reimbursement shall be
made prior to one year after the effective date of this subsection.

[243. 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 automo-
biles and motor vehicles not exceeding ¾ ton carrying capacity, to in-
clude, but not limited to, vehicles with a pick-up body, delivery sedan,
camper, or panel truck used exclusively as private passenger vehicles
owned by an individual or individual and spouse with medical pay-
ments, 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, equit-
able 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 [section], such agree-
ments 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 in-
surers 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 deter-