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2006 LAWS OF MARYLAND
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Ch. 388
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2. CONTENTS; AND
(IV) ADVISE THE APPLICANT TO CONFIRM THE NEED FOR FLOOD
INSURANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM OR THE
APPLICANTS MORTGAGE LENDER
(D) (1) AN INSURER OR INSURANCE PRODUCER SHALL DELIVER TO THE
APPLICANT THE OFFER TO SELL FLOOD INSURANCE.
(2) THE OFFER TO SELL FLOOD INSURANCE SHALL INCLUDE A SPACE TO
INDICATE THE APPLICANT'S ACCEPTANCE OR REJECTION OF FLOOD INSURANCE.
(E) IF THE INSURER OR INSURANCE PRODUCER FROM WHOM THE APPLICANT
PROCURES HOMEOWNER'S INSURANCE DOES NOT SELL FLOOD INSURANCE, THE
INSURER OR INSURANCE PRODUCER SHALL FURNISH THE APPLICANT WITH THE
CONTACT INFORMATION FOR THE NATIONAL FLOOD INSURANCE PROGRAM.
(C) A NOTICE REQUIRED TO BE SENT BY CERTIFICATE OF MAILING UNDER
THIS SECTION MAY BE SENT WITH THE STATEMENT REQUIRED UNDER § 19-207 OF
THIS ARTICLE,
(F) (D) A NOTICE PROVIDED UNDER THIS SECTION DOES NOT CREATE A
PRIVATE RIGHT OF ACTION.
19-207.
(A) (1) AN INSURER OR AN INSURANCE PRODUCER THAT SELLS OR
NEGOTIATES HOMEOWNER'S INSURANCE IN THE STATE SHALL PROVIDE AN
APPLICANT, AT THE TIME OF APPLICATION FOR HOMEOWNER'S INSURANCE, WITH A
WRITTEN STATEMENT THAT LISTS ALL ADDITIONAL OPTIONAL COVERAGE
AVAILABLE FROM THE INSURER TO THE APPLICANT.
(2) THE INSURER OR INSURANCE PRODUCER SHALL OBTAIN THE
APPLICANTS SIGNATURE ON THE STATEMENT.
(3) (I) IF AN APPLICATION IS MADE BY TELEPHONE OR USING THE
INTERNET, THE INSURER OR INSURANCE PRODUCER IS DEEMED TO BE IN
COMPLIANCE WITH THIS SECTION IF, WITHIN 3 BUSINESS 7 CALENDAR DAYS AFTER
THE DATE OF APPLICATION, THE INSURER OR INSURANCE PRODUCER MAILS SENDS
BY CERTIFICATE OF MAILING THE STATEMENT TO THE APPLICANT OR INSURED AND
REQUESTS THE APPLICANT OR INSURED TO SIGN THE STATEMENT.
(II) IF THE APPLICANT OR INSURED DOES NOT RETURN A SIGNED
STATEMENT WITHIN 60 DAYS AFTER THE DATE THE STATEMENT WAS MAILED,
THERE IS A CONCLUSIVE PRESUMPTION THAT THE INSURER OR INSURANCE
PRODUCER HAS COMPLIED WITH THE REQUIREMENTS OF THIS SECTION.
(III) THE INSURER OR INSURANCE PRODUCER SHALL HAVE THE
BURDEN OF DEMONSTRATING, IN ACCORDANCE WITH THE MARYLAND RULES OF
EVIDENCE, OR AS OTHERWISE REQUIRED BY LAW, THAT THE STATEMENT WAS
MAILED TO THE APPLICANT OR INSURED.
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- 2104 -
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