Ch. 114                                        1994 LAWS OF MARYLAND

(2) THE DEPARTMENT SHALL BE RESPONSIBLE FOR IMPOSING AND
COLLECTING THE PENALTY.

736.

(A)     A LEAD HAZARD EXCLUSION CONTAINED IN A CONTRACT OF INSURANCE
SHALL BE WAIVED WITH RESPECT TO AN AFFECTED PROPERTY WHICH IS COVERED
UNDER THE POLICY AND WHICH IS SHOWN BY THE INSURED TO BE IN COMPLIANCE
WITH THE STANDARDS ESTABLISHED BY PART HI OF TITLE 6, SUBTITLE 8 OF THE
ENVIRONMENT ARTICLE.

(B)     THIS SECTION APPLIES ONLY TO THIRD PARTY BODILY INJURY LIABILITY
COVERAGE AND DOES NOT AFFECT COVERAGE FOR. PROPERTY DAMAGE OR ANY
OTHER FORM OF COVERAGE PROVIDED IN A POLICY OR CONTRACT OF INSURANCE.

737.

IN ADDITION TO THE PROVISIONS OF § 736 OF THIS SUBTITLE, AN AUTHORIZED
INSURER MAY NOT DENY, REFUSE TO RENEW, OR CANCEL COVERAGE UNDER A
POLICY OR CONTRACT TO AN OWNER OF AFFECTED PROPERTY THAT IS IN
COMPLIANCE WITH THE PROVISIONS OF PART III OF TITLE 6, SUBTITLE 8 OF THE
ENVIRONMENT ARTICLE UNLESS THE INSURER'S REASON FOR DENYING, REFUSING
TO RENEW, OR CANCELLING COVERAGE IS BASED SOLELY ON. REASONABLE
UNDERWRITING CRITERIA NOT INCONSISTENT WITH THE PROVISIONS AND
PURPOSES OF THIS SUBTITLE.

738.

SUBJECT TO REASONABLE NOTICE PROVISIONS IN A CONTRACT OR POLICY OF
INSURANCE, NOTICE THAT A CHILD HAS AN ELEVATED BLOOD LEAD LEVEL WHICH
IS PROVIDED TO AN INSURED UNDER THE PROVISIONS OF § 6-828 OF THE
ENVIRONMENT ARTICLE SHALL BE DEEMED A CLAIM AGAINST THE INSURED FOR
THE PURPOSE OF TRIGGERING THE INSURER'S DUTY TO RESPOND ON BEHALF OF
THE INSURED IN ACCORDANCE WITH § 6-831 OF THE ENVIRONMENT ARTICLE.

739.

(A) (1) AN AUTHORIZED INSURER MAY CANCEL THE COVERAGE
APPLICABLE TO AN AFFECTED PROPERTY BASED UPON THE OWNER'S VIOLATION
OF THE STANDARDS ESTABLISHED BY PART III OF TITLE 6, SUBTITLE 8 OF THE
ENVIRONMENT ARTICLE, ONLY IF THE AUTHORIZED INSURER FIRST PROVIDES THE

INSURED:

(I) 45 DAYS NOTICE OF THE INTENDED CANCELLATION; AND

(II) AN OPPORTUNITY TO CORRECT SUCH VIOLATION.

(2) WITHIN 30 DAYS OF ISSUING A NOTICE OF CANCELLATION OR
DEFAULT, THE AUTHORIZED INSURER SHALL TRANSMIT A COPY OF THE NOTICE TO
THE DEPARTMENT.

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