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ROBERT L. EHRLICH, JR., Governor H.B. 1192
COVERAGE FOR MOTOR VEHICLES REGISTERED IN THAT STATE INDICATING THE
ABSENCE OF A RECORD THAT THE MOTOR VEHICLE WAS COVERED BY INSURANCE
ON THE DATE OF THE OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE;
OR
(2) A DENIAL OF COVERAGE BASED ON THE ABSENCE OF AN IN-FORCE
POLICY OF INSURANCE COVERING THE VEHICLE ON THE DATE OF THE OCCURRENCE
OUT OF WHICH THE CAUSE OF ACTION AROSE BY THE INSURER THAT HAS BEEN
IDENTIFIED AS THE INSURER OF THE VEHICLE BY:
(I) BY THE GOVERNMENTAL UNIT, IF ANY, THAT MAINTAINS
RECORDS OF WHETHER MOTOR VEHICLES IN THE STATE ARE INSURED;
(II) IN WRITING, IF ANY, BY THE DRIVER OR OWNER OF THE MOTOR
VEHICLE; OR AND
(II) (III) IN A REPORT, IF ANY, PREPARED BY AN OFFICER OF A
FEDERAL, STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT AGENCY WHO
INVESTIGATED THE OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE.
(D) IF A PERSON SATISFIES THE BURDEN OF PROOF UNDER SUBSECTION (C)
OR (D) (B) OR (C) OF THIS SECTION, THE FINDER OF FACT SHALL FIND THE MOTOR
VEHICLE AT ISSUE TO BE UNINSURED, UNLESS AN ADVERSE PARTY ESTABLISHES BY
A PREPONDERANCE OF THE EVIDENCE THAT THE MOTOR VEHICLE OR THE DRIVER
OF THE MOTOR VEHICLE WAS COVERED BY A VALID, ENFORCEABLE MOTOR VEHICLE
LIABILITY INSURANCE POLICY, BOND, OR SECURITY THAT PROVIDES COVERAGE FOR
THE OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any action filed before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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May 26, 2005
The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis, MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 1192 - Insurance - Individual Deferred Annuities - Minimum
Nonforfeiture Amounts.
This bill provides for the calculation of the minimum nonforfeiture amount under
specified annuity contracts and provides for calculating and imposing specified
conditions on the interest rate used in determining the minimum nonforfeiture
amount under an annuity contract. It also requires an insurer to provide specified
- 4365 -
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