3178

LAWS OF MARYLAND

Ch. 698

person or persons whose claim experience or driving record could
have justified the refusal to issue.

(2) THE POLICY MAY BE ENDORSED TO SPECIFICALLY
EXCLUDE ALL COVERAGE FOR ANY OF THE FOLLOWING WHEN THE NAMED
EXCLUDED DRIVER IS OPERATING THE MOTOR VEHICLE(S) COVERED UNDER
THE POLICY WHETHER OR NOT THAT OPERATION OR USE WAS WITH THE
EXPRESS OR IMPLIED PERMISSION OF A PERSON INSURED UNDER THE
POLICY:

(I) THE EXCLUDED OPERATOR OR USER;

(II) THE VEHICLE OWNER;

(III) FAMILY MEMBERS RESIDING IN THE HOUSEHOLD
OF THE EXCLUDED OPERATOR OR USER OR VEHICLE OWNER; AND

(IV) ANY OTHER PERSON, EXCEPT FOR THE COVERAGE
REQUIRED BY SECTIONS 539 AND 541(C)(2) OF THIS ARTICLE IF SUCH
COVERAGE IS NOT AVAILABLE UNDER ANY OTHER AUTOMOBILE POLICY.

(3)  The premiums charged on any such policy excluding
a named driver or drivers UNDER PARAGRAPHS (1) AND (2) OF THIS
SUBSECTION may not reflect the claims experience or driving
record of the excluded name driver or drivers.

(c) [With respect to any person excluded from coverage
under this section, the policy may provide that the insurer may
not be held liable for damages, losses, or claims arising out of
the operation or use of the insured motor vehicle, whether or not
that operation or use was with the express or implied permission
of a person insured under the policy] WHEN AN INSURED MOTOR
VEHICLE IS OPERATED OR USED BY ANY PERSON EXCLUDED FROM COVERAGE
UNDER THIS SECTION, WHETHER THE OPERATION OR USE WAS WITH THE
EXPRESS OR IMPLIED PERMISSION OF A PERSON INSURED UNDER THE
POLICY, THE POLICY MAY PROVIDE:

(1) THAT COVERAGES ARE VOID FOR THE EXCLUDED OPERATOR
OR USER, THE VEHICLE OWNER AND FAMILY MEMBERS RESIDING IN THE
HOUSEHOLD, AND ALL OCCUPANTS OF THE VEHICLE AND ALL THIRD PARTIES
WHO DO HAVE OTHER APPLICABLE AUTOMOBILE INSURANCE COVERAGE; AND

(2) THAT THE INSURER IS NOT LIABLE FOR ANY DAMAGES,
LOSSES, OR CLAIMS CONCERNING THE ABOVE ENUMERATED PERSONS AND
ARISING OUT OF THE OPERATION OR USE OF THE INSURED MOTOR VEHICLE.

541.

(c) (1) In this subsection "uninsured motor vehicle" means
a motor vehicle whose ownership, maintenance, or use has resulted
in the bodily injury or death of an insured, and for which the
sum of the limits of liability under all valid and collectible
liability insurance policies, bonds, and securities applicable to
the bodily injury or death is less than the amount of coverage
provided to the insured under this subsection.