HARRY HUGHES, Governor                                          3955

NOW EXIST OR HEREAFTER BE ENACTED FOR PURPOSES SIMILAR TO THE
PURPOSES OF THIS SUBTITLE.

604.

(A)  (1) ANY APPLICANT OR AFFECTED INSURER MAY APPEAL TO THE
GOVERNING COMMITTEE BOARD OF GOVERNORS OF THE ASSOCIATION;

(2) A DECISION OF THE GOVERNING COMMITTEE BOARD OF
GOVERNORS MAY BE APPEALED TO THE COMMISSIONER WITHIN 30 DAYS
AFTER THE DECISION OF THE GOVERNING COMMITTEE BOARD OF GOVERNORS.

(B)  ALL ORDERS, DECISIONS, AND FINDINGS OF THE COMMISSIONER
MADE UNDER THIS SUBTITLE ARE SUBJECT TO JUDICIAL REVIEW IN
ACCORDANCE WITH § 242B OF THIS ARTICLE.

605.

THERE IS NO LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION
OF ANY NATURE SHALL ARISE AGAINST MEMBER INSURERS, THE
ASSOCIATION, THE GOVERNING COMMITTEE BOARD OF GOVERNORS, THEIR
AGENTS OR EMPLOYEES, OR THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVES FOR STATEMENTS MADE IN ANY INSPECTIONS,
EXAMINATIONS, HEARINGS, REPORTS AND COMMUNICATIONS CONCERNING
ELIGIBILITY OR UNDERWRITING STANDARDS REGARDING PERSONS OR
ORGANIZATIONS IN CONNECTION WITH THE OPERATIONS OF THIS PROGRAM
AND THE POOL.

606.

(1)  NOTWITHSTANDING ANY PROVISION OF THIS SUBTITLE, THE
ASSOCIATION SHALL BE REQUIRED MAY DECLINE TO PROVIDE INSURANCE TO
A COMMERCIAL ENTITY ONLY TO THE EXTENT TO WHICH THE ASSOCIATION
CAN OBTAIN IF, IN THE BUSINESS JUDGMENT OF THE ASSOCIATION, THE
ASSOCIATION CANNOT REASONABLY PROVIDE THE INSURANCE WITHOUT
OBTAINING ACCEPTABLE REINSURANCE FOR THE COVERAGE PROVIDED.

(2) ANY COMMERCIAL ENTITY DENIED COVERAGE BY THE
ASSOCIATION UNDER THIS SECTION MAY:

(I) APPEAL THE DECISION OF THE ASSOCIATION TO THE
COMMISSIONER; AND

(II) REQUEST A HEARING UNDER §§ 35 THROUGH 40 OF THIS
ARTICLE.

607.

THIS SUBTITLE DOES NOT APPLY TO:

(1) PROPERTY AND HOMEOWNER'S INSURANCE;

(2) MEDICAL MALPRACTICE INSURANCE; AND

(3) MOTOR VEHICLE INSURANCE .; AND