Ch. 11

LAWS OF MARYLAND

(vi) The right of the insured to protest the proposed
action and request a hearing thereon before the Commissioner by
signing two copies of the notice and sending them to the
Commissioner within ten days after receipt of the notice.

(vii) That if a protest is filed by the insured, the
current insurance will remain in effect until a determination is
made by the Commissioner upon payment of any lawful premium due
or becoming due prior to the determination;

(viii) The authority of the Commissioner to award
reasonable counsel fees to the insured for services rendered to
the insured in connection with any such hearing if he finds the
proposed action of the insurer to be unjustified.

DRAFTER'S NOTE: This corrects a stylistic error in a
cross-reference in Article 48A, § 240AA(b).

The stylistic error occurred in Ch. 73 of the Acts of
1972.

The stylistic error was noted by the Michie Company.

240C.

(d) If a statement of actual reason, or a statement
refusing an application, is furnished substantially pursuant to
[subsections (b), (C), or (d)] THIS SUBSECTION, SUBSECTION (B),
OR SUBSECTION (C) of this section, it shall be subject to the
following:

(1)  It shall be privileged and shall not constitute
grounds for any action against the insurer or its representatives
or any person who in good faith furnishes to the insurer the
information upon which the statement is based;

(2)  A copy of the statement shall be furnished to the
Commissioner;

(3)  The statement must be made by the insurer or its
duly authorized agent within ten days after receipt by the
insurer of a request therefor;

(4)  If not made pursuant to request, the statement
must contain notice to the applicant that he has a right to
request the actual reason therefor, provided he makes the request
within thirty days after receipt of the statement of refusal to
issue or intention to cancel or not renew and that any such
statement will be retained as a public record in the Division;

(5)  The reason given must be sufficiently clear and
specific so that an applicant of reasonable intelligence will be
able to identify the basis for the insurer's decision without

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