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Session Laws, 1987
Volume 769, Page 2780   View pdf image
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Ch. 602                                    LAWS OF MARYLAND

provided that any lawful premium due or becoming due prior to
such determination is paid.

(f)  The Commissioner shall make a determination from the
information contained in the notice whether the protest has merit
and, upon such a finding, shall either dismiss the protest or
disallow the action of the insurer and shall promptly notify the
insurer and the insured in writing of his action. The aggrieved
party, within 30 days after receipt of the Commissioner's notice
of action, may request a hearing. The Commissioner shall conduct
a hearing within a reasonable time after the request and shall
give not less than 10 days written notice of the time and place
of the hearing. At the hearing the insurer has the burden of
proving its proposed action to be justified, and, in doing so,
may rely only upon the reasons set forth in its notice to the
insured.

(g)  The Commissioner shall issue an order within 30 days
after termination of the hearing. If the Commissioner finds the
proposed action to be justified, he shall dismiss the protest and
allow the proposed action to be taken on the later of (i) its
proposed effective date, or (ii) twenty 20 days after the date
of the determination. If the Commissioner finds the proposed
action to be unjustified, he shall disallow the action, and may,
in addition, order the insurer to pay reasonable counsel fees
incurred by the insured for representation at the hearing as he
may deem appropriate. The Commissioner may delegate the duties
and powers conferred in this section to one 1 or more employees
or hearing examiners.

(h) Any party may appeal to a court of law the decision of
the Commissioner in accordance with § 40 of this article.

241A.

(A) EACH INSURER AUTHORIZED TO WRITE PROPERTY AND CASUALTY
INSURANCE IN THIS STATE SHALL FILE A MONTHLY STATEMENT OF
UNDERWRITING GUIDELINES WITH THE COMMISSIONER.

(B) THE COMMISSIONER SHALL:

(1) MAINTAIN A LIST OF THE INSURANCE COMPANIES

AUTHORIZED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE
THAT CONTAINS THE ADDRESSES AND TELEPHONE NUMBERS OF THESE
COMPANIES;

(2) KEEP A FILE OF EACH MONTHLY STATEMENT AND ISSUE A
MONTHLY UPDATE TO THE PUBLIC DETAILING ANY UNDERWRITING GUIDELINE
CHANGES;

(3) PROVIDE INFORMATION TO THE PUBLIC ON REQUEST AS
TO WHICH INSURERS PROVIDE COVERAGE IN SPECIFIC LINES OR PROPERTY
AND CASUALTY INSURANCE; AND

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Session Laws, 1987
Volume 769, Page 2780   View pdf image
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