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ROBERT L. EHRLICH, JR., Governor Ch. 350
action against the insurer, its representatives, or another person that in good faith
provides to the insurer information on which the statement is based.
(f) (1) This subsection does not apply to an action of an insurer taken under
subsection (d) of this section.
(2) An insured may protest a proposed action of the insurer under this
section by signing two copies of the notice and sending them to the Commissioner
within 30 days after the mailing date of the notice.
(3) On receipt of a protest, the Commissioner shall notify the insurer of
the filing of the protest.
(4) [Except for a premium increase of 15% or less for the entire policy, a]
A protest filed with the Commissioner stays the proposed action of the insurer
pending a final determination by the Commissioner.
(5) [(i) Except for a premium increase of 15% or less for the entire
policy, the] THE insurer shall maintain in effect the same coverage and premium that
were in effect on the day the notice of proposed action was sent to the insured until a
final determination is made, subject to the payment of any authorized premium due
or becoming due before the determination.
[(ii) In the case of a premium increase, a dismissal of the protest or
disallowance of the premium increase is deemed to be a final determination of the
Commissioner 20 days after the mailing date of the Commissioner's notice of action.]
(g) (1) Based on the information contained in the notice, the Commissioner
SHALL:
(i) [shall] determine whether the protest by the insured has merit;
and
(ii) [either shall] dismiss the protest or disallow the proposed
action of the insurer.
(2) The Commissioner shall notify the insurer and the insured of the
action of the Commissioner promptly in writing.
(3) Subject to paragraph (4) of this subsection, within 30 days after the
mailing date of the Commissioner's notice of action, the aggrieved party may request
a hearing.
(4) [Except in the case of a premium increase of 15% or less for the
entire policy the] THE Commissioner shall:
(i) hold a hearing within a reasonable time after the request for a
hearing; and
(ii) give written notice of the time and place of the hearing at least
10 days before the hearing.
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