HARRY HUGHES, Governor 1235
provision of this section, he may issue an appropriate order
specifying the manner in which the surety has violated this
section. The order may also provide relief under
subsections (f) or (g) of this section, if appropriate; and
the order shall state when, within a reasonable period
thereafter and in no event less than 10 days, it shall be
effective.
ill hearings and proceedings conducted under this
section, as well as any decision of the Commissioner, shall
be subject to appeal by any party involved. Such hearings,
proceedings and appeal shall be in accordance with the
provisions of § 40 of this article.
240C.
(d) If a statement of actual reason, or a statement
refusing an application, is furnished substantially pursuant
to subsections (b) , (c), or (d) of this section, it shall be
subject to the following:
(1) It shall be privileged and shall not
constitute grounds for any action against the insurer or its
representatives or any person who in good faith furnishes to
the insurer the information upon which the statement is
based;
(2) A copy of the statement shall be furnished
to the Commissioner;
(3) The statement must be made by the insurer
or its duly authorized agent within ten days after receipt
by the insurer of a request therefor;
(4) If not made pursuant to request, the
statement must contain notice to the applicant that he has a
right to request the actual reason therefor, provided he
makes the request within thirty days after receipt of the
statement of refusal to issue or intention to cancel or not
renew and that any such statement will be retained as a
public record in the division;
(5) The reason given must be sufficiently clear
and specific so that an applicant of reasonable intelligence
will be able to identify the basis for the insurer's
decision without making further inquiry. Generalized terms
such as personal habits, PHYSICAL HANDICAP OR DISABILITY,
living conditions, poor morals, violation or accident
record, are not adequate to meet this requirement.
240F-1.
(A) A POLICY OR CONTRACT OF MOTOR VEHICLE INSURANCE
MAY NOT BE CANCELED OR RENEWED BE NONRENEWABLE SOLELY
BECAUSE OF THE PHYSICAL HANDICAP OR DISABILITY OF THE HOLDER
OF THE POLICY OR CONTRACT.
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