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VETOES
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H.B. 265
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(iii) subject to paragraph (4) of this subsection, the actual reason of
the insurer for proposing to take the action;
(iv) if there is coupled with the notice an offer to continue or renew
the policy in accordance with § 27-606 of this subtitle:
1. the name of the individual or individuals to be excluded
from coverage; and
2. the premium amount if the policy is continued or renewed
with the named individual or individuals excluded from coverage;
(v) the right of the insured to replace the insurance through the
Maryland Automobile Insurance Fund and the current address and telephone number
of the Fund;
(vi) the right of the insured to protest the proposed action of the
insurer and, except in the case of a premium increase of 15% or less for the entire
policy, request a hearing before the Commissioner on the proposed action by signing
two copies of the notice and sending them to the Commissioner within 30 days after
the mailing date of the notice;
(vii) except for a premium increase of 15% or less for the entire
policy, that if a protest is filed by the insured, the insurer must maintain the current
insurance in effect until a final determination is made by the Commissioner, subject
to the payment of any authorized premium due or becoming due before the
determination;
(viii) [the authority of the Commissioner to award reasonable
attorney fees to the insured for representation at a hearing if the Commissioner finds
the proposed action of the insurer to be unjustified] IF THE COMMISSIONER FINDS
THE PROPOSED ACTION OF THE INSURER TO BE UNJUSTIFIED UNSUPPORTED BY
THE INSURER'S UNDERWRITING STANDARDS, THAT THE COMMISSIONER, IN THE
COMMISSIONER'S SOLE DISCRETION, MAY SHALL ORDER THE INSURER TO PAY
REASONABLE ATTORNEY FEES INCURRED BY THE INSURED FOR REPRESENTATION
AT THE HEARING AS THE COMMISSIONER CONSIDERS APPROPRIATE IF THE
COMMISSIONER FINDS THAT THAT THE COMMISSIONER SHALL ORDER THE
INSURER TO PAY REASONABLE ATTORNEY FEES INCURRED BY THE INSURED FOR
REPRESENTATION AT THE 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 §
27-501 OF THIS ARTICLE, THE INSURER'S FILED RATING PLAN, ITS UNDERWRITING
STANDARDS, OR THE LAWFUL TERMS AND CONDITIONS OF THE POLICY RELATED TO
A CANCELLATION, NONRENEWAL, PREMIUM INCREASE, OR REDUCTION IN
COVERAGE; 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 CONSIDERS THE FEES
APPROPRIATE; and
- 4018 -
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