HARRY HUGHES, Governor

3179

(2) In addition to any other coverage required by
this subtitle, every policy of motor vehicle liability insurance
issued, sold, or delivered in this State after July 1, 1975 shall
contain coverage, in at least the amounts required under Title 17
of the Transportation Article, for damages which the insured is
entitled to recover from the owner or operator of an uninsured
motor vehicle because of bodily injuries sustained in an accident
arising out of the ownership, maintenance, or use of such
uninsured motor vehicle. There shall be available to the insured
the opportunity to contract for higher amounts than those
provided under Title 17 of the Transportation Article if these
amounts do not exceed the amounts of the motor vehicle liability
coverage provided by the policy. The coverage required under
this subsection (c) shall be in such form and subject to such
conditions as may be approved by the Commissioner of Insurance.
Any provision in any policy of motor vehicle liability insurance
issued after July 1, 1975, with respect to the coverage provided
for damages sustained by the insured as a result of the operation
of an uninsured motor vehicle, which commands or requires the
submission of any dispute between the insured and the insurer to
binding arbitration, is prohibited and shall be of no legal force
or effect. In no case shall the uninsured motorist coverage be
less than the coverage afforded a qualified person under Article
48A, §§ 243H and 243-I. However, the insurer may exclude from
coverage benefits for:

(I)   [the] THE named insured or members of his
family residing in the household when occupying, or struck as a
pedestrian by, an uninsured motor vehicle that is owned by the
named insured or a member of his immediate family residing in his
household; AND

(II)  THE NAMED INSURED, MEMBERS OF HIS FAMILY
RESIDING IN THE HOUSEHOLD, AND ALL OTHER PERSONS HAVING OTHER
APPLICABLE AUTOMOBILE INSURANCE AND OCCUPYING, OR STRUCK AS A
PEDESTRIAN BY, THE INSURED MOTOR VEHICLE OPERATED OR USED BY A
PERSON EXCLUDED FROM COVERAGE UNDER § 240C-1 OF THIS ARTICLE.
The coverage required under this subsection shall be primary to
any right to recovery from the Maryland Automobile Insurance Fund
pursuant to § 243H of this article.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.