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Session Laws, 1989
Volume 771, Page 3461   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 555

the accident, payments [of benefits must be] made in
reimbursement of necessary and reasonable expenses incurred for
essential services ordinarily performed by the injured person for
THE care and maintenance of the family or family household.

(D) The insurer providing loss of income benefits may
require, as a condition of receiving such benefits that the
injured person furnish the insurer reasonable medical proof of
his injury causing loss of income.

[(b)] (E) The provisions of this section do not apply to
policies issued, sold or delivered in this State to insure
vehicles as defined in §§ 11-105 and 11-165 of the Transportation
Article of the Annotated Code of Maryland.

(F) (1) (I) IF THE FIRST NAMED INSURED DOES NOT WISH TO
OBTAIN THE BENEFITS DESCRIBED UNDER THIS SECTION, THE FIRST NAMED
INSURED SHALL MAKE AN AFFIRMATIVE WRITTEN WAIVER OF THOSE
BENEFITS.

(II)  AS TO A POLICY OF PRIVATE PASSENGER MOTOR
VEHICLE LIABILITY INSURANCE, A WAIVER MADE UNDER THIS SUBSECTION
SHALL CONSTITUTE A WAIVER OF ALL THE BENEFITS DESCRIBED UNDER
THIS SECTION, WHETHER PROVIDED UNDER THE FIRST NAMED INSURED'S
POLICY OR ANY OTHER PRIVATE PASSENGER MOTOR VEHICLE LIABILITY
INSURANCE POLICY ISSUED IN THIS STATE.

(III)  A WAIVER MADE UNDER THIS SUBSECTION SHALL
BE BINDING ON ALL NAMED INSUREDS AND OTHER INSUREDS THE FOLLOWING
PERSONS COVERED BY THE POLICY:

1.  ALL NAMED INSUREDS;

2.  ALL LISTED DRIVERS; AND

3.  ALL MEMBERS OF THE FIRST NAMED
INSURED'S FAMILY RESIDING IN THE FIRST NAMED INSURED'S HOUSEHOLD
WHO ARE 16 YEARS OF AGE OR OLDER.

(2) (I) BEFORE A FIRST NAMED INSURED MAKES A WAIVER
UNDER THIS SUBSECTION, THE FIRST NAMED INSURED MUST BE INFORMED
IN WRITING OF THE NATURE AND EXTENT OF THE COVERAGE AND BENEFITS
DESCRIBED UNDER THIS SECTION.

(II)  A WAIVER MADE UNDER THIS SUBSECTION SHALL
BE MADE ON A FORM REQUIRED BY THE COMMISSIONER.

(III)  THE FORM MAY BE PART OF THE CONTRACT OF
INSURANCE.

(IV)  THE FORM SHALL CLEARLY AND CONCISELY
EXPLAIN IN 10 POINT BOLDFACE TYPE:

- 3461 -

 

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Session Laws, 1989
Volume 771, Page 3461   View pdf image
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