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Session Laws, 1972
Volume 708, Page 306   View pdf image
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306                              Laws of Maryland                        [Ch. 73

ICES ORDINARILY PERFORMED BY THE INJURED PERSON
FOR CARE AND MAINTENANCE OF THE FAMILY OR
FAMILY HOUSEHOLD. THE INSURER PROVIDING LOSS OF
INCOME benefits may require, as a condition of receiving such
benefits that the injured person furnish the insurer reasonable medi-
cal proof of his injury causing loss of income.

541 540. Fault or non-fault; collateral sources.

(A) The benefits required under Sections 539 and 540 SECTION
539 of this article shall be payable without regard to the fault or
non-fault of the named insured or the recipient in causing or con-
tributing to the accident, and without regard to any collateral source
of medical, hospital, or wage continuation benefits. An insurer paying
benefits pursuant to Sections 539 and 540 SECTION 539 of this
article shall have no right of subrogation and no claim against any
other person or insurer to recover any such benefits by reason of the
alleged fault of such other person in causing or contributing to the
accident. AN INSURER PAYING BENEFITS PURSUANT TO
SECTIONS 539 AND 540 SECTION 539 OF THIS ARTICLE
SHALL HAVE NO RIGHT OF SUBROGATION AND NO CLAIM
AGAINST ANY OTHER PERSON OR INSURER TO RE-
COVER ANY SUCH BENEFITS BY REASON OF THE AL-
LEGED FAULT OF SUCH OTHER PERSON IN CAUSING
OR CONTRIBUTING TO THE ACCIDENT.

(B) WHENEVER A RECIPIENT OF FIRST PARTY BENE-
FITS RECOVERS IN TORT FOR INJURY, THE INSURER
PAYING THE FIRST PARTY BENEFITS HAS A RIGHT OF

REIMBURSEMENT OUT OF THE TORT RECOVERY. THE
REIMBURSEMENT SHALL BE IN THE AMOUNT OF
FIRST
PARTY BENEFITS PAID BY THE
INSURER. ATTORNEYS'
FEES AND COSTS, IF ANY, SHALL BE ASSESSED AGAINST
THE INSURER AND CLAIMANT IN THE
PROPORTION EACH
BENEFITS FROM THE TORT
RECOVERY.

(C) THE FIRST PARTY BENEFIT INSURER HAS NO
RIGHT OF SUBROGATION TO ANY CAUSE OF ACTION OF A
RECIPIENT OF FIRST PARTY BENEFITS OR TO BRING SUCH
AN ACTION IN ITS OWN NAME, NOR MAY THE POLICY OF

FIRST PARTY BENEFIT INSURANCE CONFER SUCH RIGHTS
UPON THE
INSURER.

(D) THE PROVISIONS OF THIS SECTION SHALL APPLY
TO THE FIRST PARTY BENEFITS RECEIVED UNDER SEC
-
TION 539, BASIC REQUIRED PRIMARY COVERAGE ECO-
NOMIC LOSS, AND SECTION 541, REQUIRED AND
OPTIONAL


ADDITIONAL COVERAGE.

(D) THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ANY FIRST PARTY BENEFIT RECEIVED PURSUANT TO
SECTION 539, BASIC REQUIRED PRIMARY COVERAGE
ECONOMIC LOSS, INCLUDING AMOUNTS IN
EXCESS OF
MINIMUM REQUIRED COVERAGE,

542. 541. Required and optional additional coverage.

(a) Nothing in this subtitle shall be deemed to affect or limit the
provisions of Section 7-101 of Article 66½ of the Annotated Code of


 

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Session Laws, 1972
Volume 708, Page 306   View pdf image
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