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Session Laws, 1972
Volume 708, Page 308   View pdf image
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308                               Laws of Maryland                        [Ch. 73

544. 543. Duplication of benefits; coordination of policies

(a)    Notwithstanding any other provision of this subtitle, no
person shall recover benefits under the coverages required in Sections
539,
540, and 542 AND 541 of this article from more than one
MOTOR VEHICLE LIABILITY policy or insurer on either a dupli-
cative or supplemental basis.

(b)    As to any person injured in an accident while occupying a
motor vehicle for which the coverage required by
Sections 539 and
540 SECTION 539 of this article are in effect, and as to any person
injured as a pedestrian by such a motor vehicle, the benefits shall be
payable by the insurer of the motor vehicle.

(c)    As to any person insured under a policy providing the cov-
erage required by Sections 539,
540 and 542 AND 541 of this article
who is injured in an accident while occupying or struck as a pedestrian
by a motor vehicle for which such coverage is not in effect, the bene-
fits shall be payable by the injured party's insurer providing such
coverage; provided, however, that such benefits shall be reduced to
the extent of any medical or disability benefits coverage applicable
to the motor vehicle and collectable from the insurer of such motor
vehicle.

(d)    Benefits payable under the coverages required in Sections 539,
540 and 542 AND 541 of this article shall be reduced to the extent
that the recipient has recovered benefits under Workmen's Compen-
sation laws of any State or the Federal government.

(E) NOTHING HEREIN SHALL PROHIBIT A NON-PROFIT
HEALTH SERVICE PLAN OR AN AUTHORIZED INSURER,
WITH THE APPROVAL OF THE COMMISSIONER, FROM
PROVIDING MEDICAL, HOSPITAL, AND DISABILITY BENE-
FITS IN CONNECTION WITH MOTOR VEHICLE ACCIDENTS.

545. 544. Payment of Benefits.

All payments of benefits prescribed under Sections 539 and 540
SECTION 539 shall be made periodically as the claims therefor arise
and as promptly as AND WITHIN 30 DAYS AFTER satisfactory
proof thereof is received by the insurer subject to the following
limitations:

(a) The coverages described in Sections 539 and 540 SECTION
539 may prescribe a period of not less than six months after the date
of accident within which the original proof of loss with respect to a
claim for benefits must be presented to the insurer.

(b) The coverages described in Sections 539 and 540 SECTION
539 may provide that in any instance where a lapse occurs in the
period of total disability or in the medical treatment of an injured
person who has received benefits under such coverage or coverages
and such person subsequently claims additional benefits based upon
an alleged recurrence of the injury for which the original claim for
benefits was made, the insurer may require reasonable medical proof
of such alleged recurrence; provided, that in no event shall the
aggregate benefits payable to any person exceed the maximum limits
prescribed in the policy, and provided further that such coverages
may contain provisions terminating eligibility for benefits after a

prescribed period of lapse of disability and medical treatment, which
period shall not be less than one
year.


 

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Session Laws, 1972
Volume 708, Page 308   View pdf image
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