Ch. 11

LAWS OF MARYLAND

license to operate an automobile issued by the Motor Vehicle
Administrator, and who does not owe to the Fund any unpaid
insurance premium with respect to a prior expired or cancelled
policy, and who either (i) has in good faith attempted to obtain
a policy of automobile liability insurance from at least two
private insurers authorized to write such a policy in this State
and has been rejected or refused such a policy by two such
private insurers for any reason other than nonpayment of
premiums, or (ii) who has had a policy of automobile liability
insurance cancelled or nonrenewed for any reason other than
nonpayment of premiums, by a private insurer authorized to write
such a policy in this State. The purpose of the Fund is to
provide automobile insurance to those eligible persons who are
unable to obtain it in the private market.

DRAFTER'S NOTE: This corrects a stylistic error in a
cross-reference in Article 48A, § 243B(a).

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

The stylistic error was noted by the Michie Company.

243M.

(d) The board of directors shall receive from the Maryland
Automobile Insurance Fund the certification of any actual
commercial or private passenger automobile insufficiency for a
preceding calendar year in accordance with § 243A(b) OF THIS
ARTICLE. On or before June 30 of each year in which the board
receives such a certification, it shall:

(1)  Determine from the Insurance Commissioner the
aggregate net direct written premiums of all members of the
Association during the most recent calendar year determined by
the Insurance Commissioner for commercial and private passenger
categories of motor vehicle liability and physical damage
insurance.

(2)  Calculate commercial and private passenger
automobile assessment allocation percentages by dividing the
Fund's most recent certified operating loss, commercial and
private passenger, by the total of (i) the respective aggregate
net direct written premiums referred to in [(1) above] PARAGRAPH
(1) OF THIS SUBSECTION, plus (ii) the Fund's respective total net
direct written premium for the same period. The assessment
allocation percentage shall in no event exceed 3 percent for
private passenger automobiles.

(3)  Notify all members, the Maryland Automobile
Insurance Fund, and the Maryland Insurance Commissioner of the
assessment allocation percentages so determined under this
subsection.

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