HARRY HUGHES, Governor                                      3951

(3)  THE LACK OF COMMERCIAL CASUALTY INSURANCE WILL
CAUSE A SUBSTANTIAL NUMBER OF COMMERCIAL ENTITIES IN THE SUBPOOL
TO CEASE OPERATIONS IN THIS STATE; AND

(4)  THE CESSATION OF OPERATION OF A SUBSTANTIAL
NUMBER OF COMMERCIAL ENTITIES IN A SUBPOOL WILL BE DETRIMENTAL TO
THE GENERAL WELFARE OF THE CITIZENS OF THIS STATE.

(B) WITHIN 15 DAYS AFTER A FINDING BY THE COMMISSIONER
UNDER SUBSECTION (A) OF THIS SECTION THAT COMMERCIAL CASUALTY
INSURANCE IS UNAVAILABLE IN A CERTAIN SUBPOOL, THE COMMISSIONER
SHALL ORDER ALL INSURERS THAT ARE LICENSED TO WRITE GENERAL
CASUALTY INSURANCE IN THIS STATE TO CREATE A JOINT INSURANCE
UNDERWRITING ASSOCIATION FOR COMMERCIAL CASUALTY INSURANCE.

(C)(1) EACH CASUALTY INSURER LICENSED TO WRITE IN THIS
STATE, ON A DIRECT BASIS, CASUALTY INSURANCE OR ANY COMPONENT OF
CASUALTY INSURANCE IN MULTIPERIL POLICIES, SHALL:

(I) AUTOMATICALLY BECOME A MEMBER OF THE

COMMERCIAL CASUALTY JOINT INSURANCE UNDERWRITING ASSOCIATION; AND

(II) REMAIN A MEMBER OF THE ASSOCIATION AS A
CONDITION OF THE INSURER'S AUTHORITY TO TRANSACT COMMERCIAL
CASUALTY INSURANCE IN THIS STATE.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
OTHER INSURERS MAY BECOME MEMBERS OF THE ASSOCIATION UPON
APPROVAL BY THE COMMISSIONER.

(D) (B) IN THE ANY ORDER ISSUED UNDER SUBSECTION (A) OF
THIS SUBSECTION SECTION, THE COMMISSIONER MAY REQUIRE THE
ASSOCIATION TO ACTIVATE ANY OF THE FOLLOWING SUBPOOLS:

(1)  DAY CARE CENTERS REGULATED UNDER TITLE 14 OF THE
HEALTH - GENERAL ARTICLE;

(2)  NURSE-MIDWIVES LICENSED UNDER TITLE 7, SUBTITLE 6
OF THE HEALTH OCCUPATIONS ARTICLE AND FAMILY DAY CARE HOMES AS
DEFINED IN § 5-501(C), (D), AND (E) OF THE FAMILY LAW ARTICLE;

(3)  LOCAL GOVERNMENTS AND , MUNICIPALITIES, AND

SPECIAL TAKING DISTRICTS WITHIN THIS STATE AND NONPROFIT
COMMUNITY SERVICE CORPORATIONS, INCORPORATED UNDER MARYLAND LAW,
THAT ARE AUTHORIZED TO COLLECT CHARGES OR ASSESSMENTS:

(4)  ARCHITECTS AND ENGINEERS REGULATED UNDER ARTICLES
56 AND 75 1/2 OF THE CODE, RESPECTIVELY; OR

(5) (5) ANY PERSON LICENSED UNDER ARTICLE 2B OF THE
MARYLAND ANNOTATED CODE;

(6) ANY COAL OPERATOR WHO IS LICENSED OR HAS BEEN
GRANTED A PERMIT UNDER TITLE 7 OF THE NATURAL RESOURCES ARTICLE;

OR