VETOES

3. 4. THAT A FAILURE OF THE FIRST
NAMED INSURED TO MAKE A WAIVER REQUIRES AN INSURER TO PROVIDE ALL
COVERAGES AND BENEFITS DESCRIBED UNDER SUBSECTIONS (B) AND (C) OF
THIS SECTION; AND

4. 5. THAT AN INSURER MAY NOT REFUSE TO
UNDERWRITE A PERSON BECAUSE THE PERSON REFUSES TO WAIVE THE
COVERAGE AND BENEFITS DESCRIBED UNDER THIS SECTION; AND

6. THAT A WAIVER MADE UNDER THIS
SUBSECTION MUST BE AN AFFIRMATIVE, WRITTEN WAIVER.

(3) FAILURE OF THE FIRST NAMED INSURED TO MAKE AN
AFFIRMATIVE WRITTEN WAIVER UNDER PARAGRAPH (1) OF THIS SUBSECTION
REQUIRES AN INSURER TO PROVIDE ALL THE COVERAGES AND BENEFITS
DESCRIBED UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION.

(G) (1) AN INSURER MAY NOT REFUSE TO UNDERWRITE A PERSON
BECAUSE THE PERSON REFUSES TO WAIVE THE COVERAGE AND BENEFITS
DESCRIBED UNDER THIS SECTION.

(2) A VIOLATION OF THIS SUBSECTION IS SUBJECT TO THE
PENALTIES PROVIDED UNDER §§ 55 AND 55A OF THIS ARTICLE.

540.

(a) The benefits [required] DESCRIBED under § 539 of this
[article] SUBTITLE shall be payable without regard to:

(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.

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