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ROBERT L. EHRLICH, JR., Governor Ch. 350
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3. A STATEMENT OF THE REASON THAT THE INSURED
BELIEVES THE PREMIUM INCREASE IS INCORRECT;
(VI) THE ADDRESS AND FACSIMILE NUMBER OF THE
ADMINISTRATION; AND
(VII) THAT THE COMMISSIONER SHALL ORDER THE INSURER TO PAY
REASONABLE ATTORNEY FEES INCURRED BY THE INSURED FOR REPRESENTATION
AT A HEARING IF THE COMMISSIONER FINDS THAT:
1. THE ACTUAL REASON FOR THE PROPOSED ACTION IS NOT
STATED IN THE NOTICE OR THE PROPOSED ACTION IS NOT IN ACCORDANCE WITH
THIS ARTICLE OR THE INSURER'S FILED RATING PLAN; AND
2. THE INSURER'S CONDUCT IN MAINTAINING OR
DEFENDING THE PROCEEDING WAS IN BAD FAITH OR THE INSURER ACTED
WILLFULLY IN THE ABSENCE OF A BONA FIDE DISPUTE.
(D) (1) IF THE INSURED BELIEVES THAT THE PREMIUM INCREASE IS
INCORRECT, THE INSURED MAY PROTEST THE PROPOSED ACTION OF THE INSURER
WITHIN 30 DAYS AFTER THE MAILING DATE OF THE NOTICE BY MAILING OR
TRANSMITTING BY FACSIMILE TO THE COMMISSIONER:
(I) A COPY OF THE NOTICE;
(II) THE INSURED'S ADDRESS AND DAYTIME TELEPHONE NUMBER;
AND
(III) A STATEMENT OF THE REASON THAT THE INSURED BELIEVES
THE PREMIUM INCREASE IS INCORRECT.
(2) ON RECEIPT OF A PROTEST, THE COMMISSIONER SHALL NOTIFY THE
INSURER OF THE FILING OF THE PROTEST.
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A PROTEST FILED WITH THE COMMISSIONER DOES NOT STAY THE
PROPOSED ACTION OF THE INSURER
(II) IF A PREMIUM INCREASE FOR A POLICY EXCEEDS 15%, THE
COMMISSIONER MAY ORDER A STAY OF THE PREMIUM INCREASE PENDING A FINAL
DECISION IF THE COMMISSIONER MAKES A FINDING THAT THE PREMIUM INCREASE:
1. MAY CAUSE THE POLICYHOLDER UNDUE HARM; AND
2. IS IN VIOLATION OF THE INSURER'S FILED RATING PLAN.
(4) BASED ON THE INFORMATION CONTAINED IN THE NOTICE, THE
COMMISSIONER SHALL:
(I) DETERMINE. WHETHER THE INSURER'S ACTION IS IN
ACCORDANCE WITH THE INSURER'S FILED RATING PLAN AND THIS ARTICLE; AND
(II) DISMISS THE PROTEST OR DISALLOW THE PROPOSED ACTION
OF THE INSURER
- 1847 -
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