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ROBERT L. EHRLICH, JR., Governor
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Ch. 350
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(2) If an insurer fails to return any disallowed premium or fails to pay
interest to an insured in violation of paragraph (1) of this subsection, the insurer is in
violation of this article and subject to the penalties under § 4-113(d) of this article.
(k)] A party to a proceeding under this section may appeal the decision of the
Commissioner in accordance with § 2-215 of this article.
[(1) The Commissioner may adopt regulations that exclude from the
requirements of this section certain types of premium increases, except for premium
increases due to:
(1) an accident;
(2) a violation of the Maryland vehicle law or the vehicle law of another
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state;
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(3) the claims history of the insured;
(4) the credit history or the credit score of the insured;
(5) a retiering of the insured; or
(6) a surcharge.]
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27-605.1.
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(A) IN THIS SECTION, "INCREASE IN PREMIUM" AND "PREMIUM INCREASE"
INCLUDE AN INCREASE IN TOTAL PREMIUM FOR ANY COVERAGE ON A POLICY DUE
TO:
(1) A SURCHARGE;
(2) RETIERING OR OTHER RECLASSIFICATION OF AN INSURED; OR
(3) REMOVAL OR REDUCTION OF A DISCOUNT.
(B) (1) THIS SECTION APPLIES ONLY TO PRIVATE PASSENGER MOTOR
VEHICLE LIABILITY INSURANCE.
(2) THIS SECTION DOES NOT APPLY TO THE MARYLAND AUTOMOBILE
INSURANCE FUND.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, AT
LEAST 45 DAYS BEFORE THE EFFECTIVE DATE OF AN INCREASE IN THE TOTAL
PREMIUM FOR A POLICY OF PRIVATE PASSENGER MOTOR VEHICLE LIABILITY
INSURANCE, THE INSURER SHALL SEND WRITTEN NOTICE OF THE PREMIUM
INCREASE TO THE INSURED AT THE LAST KNOWN ADDRESS OF THE INSURED BY
CERTIFICATE OF MAILING MAIL.
(2) THE NOTICE REQUIRED BY PARAGRAPH (1) OF THIS SUBSECTION
NEED NOT BE GIVEN IF THE PREMIUM INCREASE IS PART OF A GENERAL INCREASE
IN PREMIUMS APPROVED BY THE COMMISSIONER THAT IS FILED IN ACCORDANCE
WITH TITLE 11 OF THIS ARTICLE AND DOES NOT RESULT FROM A RECLASSIFICATION
OF THE INSURED.
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- 1845 -
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