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Session Laws, 1989
Volume 771, Page 3463   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 555

(1)   [the] THE fault or nonfault of the named insured
or the recipient in causing or contributing to the accident[, and
without regard to]; AND

(2)   [any] ANY collateral source of medical, hospital,
or wage continuation benefits. [Where]

(B)  (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, WHERE
the insured has coverage for both the benefits [required]
DESCRIBED under § 539 OF THIS SUBTITLE and the collateral
benefits, the insurer or insurers may coordinate the policies to
provide for nonduplication of [such] THE benefits[; subject,
however], SUBJECT to appropriate reductions in premiums for one
or both of said coverages approved by the [Insurance]
Commissioner[, and the].

(2) (I) THE named insured shall have the right to
elect or reject the coordination of policies and nonduplication
of benefits.

(II) If the insured elects to coordinate!, he]
POLICIES, THE INSURED shall indicate in writing which policy is
to become primary.

(C)  An insurer paying benefits under § 539 of this
[article] SUBTITLE shall have no right of subrogation and no
claim against any other person or insurer to recover any [such]
benefits PAID by reason of the alleged fault of such other person
in causing or contributing to the accident.

[(b)] (D) Upon the issuance of a policy containing coverage
[provided] DESCRIBED under § 539 of this [article] SUBTITLE, the
insurer shall notify the policyholder in writing that a surcharge
may not be imposed on the policyholder for any claim or payment
made pursuant to the coverage provided [in] UNDER § 539 of this
[article] SUBTITLE.

543.

(a)  Notwithstanding any other provision of this subtitle,
no person shall recover benefits under the coverages [required
in] DESCRIBED UNDER §§ 539 and 541 of this [article] SUBTITLE
from more than one motor vehicle liability policy or insurer on
either a duplicative or supplemental basis.

(b)  (1) As to any person injured in an accident while
occupying a motor vehicle for which the coverage [required by]
DESCRIBED UNDER § 539 of this [article] SUBTITLE is in effect,
and as to any person injured by such a motor vehicle as a
pedestrian or while in, on, or alighting from any other vehicle
powered by animal or muscular power, or on or alighting from an
animal, the benefits shall be payable by the insurer of the motor
vehicle.

- 3463 -

 

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Session Laws, 1989
Volume 771, Page 3463   View pdf image
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