Ch. 566

LAWS OF MARYLAND

[(5)] (3) The Commissioner [may] SHALL approve the rate
structure for policies of essential property insurance and
homeowner's insurance offered BY OR through the [Maryland Joint
Insurance] Association, provided the rate structure does not in
the opinion of the Commissioner, compete with the rate STRUCTURE
of the voluntary insurance market in this State.

(4) THE COMMISSIONER SHALL MONITOR AND REVIEW THE FINANCIAL
CONDITION OF THE MEMBERS OF THE ASSOCIATION, AS SET FORTH IN
THEIR ANNUAL STATEMENTS AND OTHER DATA AVAILABLE TO THE
COMMISSIONER, TO ASSURE THAT THE MEMBERS HAVE THE ABILITY TO PAY
ANY ASSESSMENTS THAT MAY BE LEVIED BY THE ASSOCIATION ON ITS
MEMBERS.

478G.

(1)  Any applicant or affected insurer shall have the right
of appeal to the [governing committee] GOVERNING COMMITTEE. A
decision of the [governing committee] GOVERNING COMMITTEE may be
appealed to the Commissioner within thirty days after such
decision.

(2)  All orders or decisions of the Commissioner made
pursuant to this subtitle shall be subject to judicial review.

478H.

(1) THERE MAY NOT BE ANY LIABILITY ON THE PART OF OR CAUSE
OF ACTION OF ANY NATURE AGAINST ANY MEMBER INSURER, THE
ASSOCIATION OR ITS AGENTS OR EMPLOYEES, THE BOARD OF DIRECTORS,
OR THE COMMISSIONER OR THE COMMISSIONER'S REPRESENTATIVES FOR ANY
ACTION TAKEN BY THEM IN THE PERFORMANCE OF THEIR POWERS AND
DUTIES UNDER THIS SUBTITLE . , EXCEPT:

(A) (I) TO THE EXTENT THAT IT IS PROVEN THAT ANY OF
THE ENTITIES OR INDIVIDUALS SPECIFIED IN THIS SECTION ACTUALLY
RECEIVED AN IMPROPER BENEFIT OR PROFIT IN MONEY, PROPERTY, OR
SERVICES, FOR THE AMOUNT OF THE BENEFIT OR PROFIT IN MONEY,
PROPERTY, OR SERVICES ACTUALLY RECEIVED;

(B) (II) TO THE EXTENT THAT A JUDGMENT OR OTHER FINAL
ADJUDICATION ADVERSE TO ANY OF THE ENTITIES OR INDIVIDUALS
SPECIFIED IN THIS SECTION IS ENTERED IN A PROCEEDING BASED ON A
FINDING IN THE PROCEEDING THAT THE ENTITY'S OR INDIVIDUAL'S
ACTION, OR FAILURE TO ACT, WAS THE RESULT OF ACTIVE AND
DELIBERATE DISHONESTY AND WAS MATERIAL TO THE CAUSE OF ACTION
ADJUDICATED IN THE PROCEEDING; OR

(C) (III) TO THE EXTENT THAT ANY ACT OF THE ENTITIES
OR INDIVIDUALS SPECIFIED IN THIS SECTION WAS COMMITTED IN BAD
FAITH.

- 3948 -