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Ch. 117 2005 LAWS OF MARYLAND
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 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
(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 INSURER'S 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
- 892 -
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