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Session Laws, 1989
Volume 771, Page 4867   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(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.

(2) BENEFITS MAY NOT BE PAID BY AN INSURER UNDER
PARAGRAPH (1) OF THIS SUBSECTION TO ANY PERSON WHO IS IN
VIOLATION OF § 17-103 OF THE TRANSPORTATION ARTICLE.

(c)  As to any person insured under a policy providing the
coverage [required by] DESCRIBED UNDER §§ 539 and 541 of this
[article] SUBTITLE who is injured in an accident while occupying
a motor vehicle for which the coverage [required by] DESCRIBED
UNDER §§ 539 and 541 OF THIS SUBTITLE is not in effect, or struck
as a pedestrian or injured while in, on, or alighting from any
other vehicle powered by animal or muscular power or on or
alighting from an animal by a motor vehicle for which the
coverage [required by] DESCRIBED UNDER §§ 539 and 541 OF THIS
SUBTITLE is not in effect, the benefits shall be payable by the
injured party's insurer providing such coverage; provided,
however, that such benefits shall be reduced to the extent of any
medical or disability benefits coverage applicable to the motor

- 4867 -

 

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Session Laws, 1989
Volume 771, Page 4867   View pdf image
 Jump to  
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