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ROBERT L. EHRLICH, JR., Governor H.B. 265
(ix) if the proposed action is based wholly or partly on a credit score
or information from a credit report:
1. the name, address, and telephone number of the consumer
reporting agency that furnished the credit report to the insurer, including the
toll-free telephone number established by the agency if the agency compiles and
maintains files on consumers on a nationwide basis;
2. that the consumer reporting agency did not make the
decision to take the proposed action and is unable to provide the insured the specific
reasons why the action is proposed to be taken;
3. that the insured may obtain, under § 1681 of the federal
Fair Credit Reporting Act, a free copy of the credit report of the insured from the
consumer reporting agency within 60 days after receipt of the notice; and
4. that the insured may dispute, under § 1681i of the federal
Fair Credit Reporting Act, with the consumer reporting agency the accuracy or
completeness of any information in the credit report furnished by the agency.
(h) (1) The Commissioner shall issue an order within 30 days after the
conclusion of the hearing.
(2) If the Commissioner finds the proposed action of the insurer to be
justified SUPPORTED BY THE UNDERWRITING STANDARDS IN ACCORDANCE WITH
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, AS APPLICABLE,
AND NOT IN VIOLATION OF § 27-501 OF THIS ARTICLE, the Commissioner shall:
(i) dismiss the protest; and
(ii) allow the proposed action to be taken on the later of:
1. its proposed effective date; and
2. 30 days after the date of the determination.
(3) If the Commissioner findsthe proposed action OF THE INSURER to be
THAT 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,
THE unjustified UNSUPPORTED BY THE INSURER'S UNDERWRITING STANDARDS, the
Commissioner SHALL:
(i) shall disallow the action; and
(ii) IN THE COMMISSIONER'S SOLE DISCRETION, may order the
insurer to pay reasonable attorney fees incurred by the insured for representation at
the hearing [as] IF the Commissioner considers THE FEES appropriate IF THE
COMMISSIONER FINDS THAT THE INSURER'S CONDUCT IN MAINTAINING OR
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