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Session Laws, 1994
Volume 773, Page 1341   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 114

Article 48A - Insurance Code

234A.

(f) (1) IN THIS SUBSECTION, THE TERMS "AFFECTED PROPERTY",
"AUTHORIZED INSURER", AND "OWNER" HAVE THE RESPECTIVE MEANINGS STATED
IN § 734 OF THIS ARTICLE.

(2) IN ADDITION TO THE PROVISIONS OF § 735 OF THIS ARTICLE, AN
AUTHORIZED INSURER MAY NOT CANCEL OR REFUSE TO RENEW COVERAGE
UNDER A POLICY OR CONTRACT TO AN OWNER OF AN AFFECTED PROPERTY THAT
IS CERTIFIED TO BE IN COMPLIANCE WITH THE PROVISIONS OF PARTS HI AND IV OF
TITLE 6, SUBTITLE 8 OF THE ENVIRONMENT ARTICLE UNLESS THE INSURER'S
REASON FOR CANCELLING OR REFUSING TO RENEW COVERAGE IS BASED SOLELY
ON REASONABLE UNDERWRITING CRITERIA NOT RELATED TO THE PRESENCE OF A
LEAD HAZARD IN THE AFFECTED PROPERTY. AN AUTHORIZED INSURER MAY
CANCEL OR REFUSE TO RENEW THAT COVERAGE IF THE OWNER FAILS TO PROVIDE

REASONABLE ACCESS TO THE AFFECTED PROPERTY FOR PURPOSES OF INSPECTION
FOR THE PRESENCE OR CONDITION OF LEAD BY THE INSURER OR THE INSURER'S
DESIGNEE.

(G) (1) At the request of the Commissioner, every insurer shall file a copy of its
undenvriting standards, including any amendments or supplements, with the
Commissioner.

(2) The Commissioner may review and examine the undenvriting standards
to insure compliance with this article.

(3) This subsection applies to insurance undenvriting standards for all
health, life, disability, property, and casualty coverages provided in the State.

(4) The Commissioner shall adopt regulations to carry out the provisions of
this subsection.

(5) Any insurer shall have the right to request a finding by the
Commissioner that its undenvriting standards filed with the Commissioner be considered
confidential commercial information under § 10-617(d) of the State Government Articl
e.

240A.

(a) (1) Whenever an insurer gives notice of its intention to cancel or not to
renew a policy of insurance other than life, health, motor v
ehicle liability insurance issued
to any resident of a hous
ehold in Maryland as sot forth in § 240AA of this article, or
surety insurance as defined in § 69 of this article issued in this State as required in
paragraph (3) of this subsection, or before it cancels any such policy of insurance for a

reason other than for nonpayment of premium, the insurer shall notify the insured of his
possible right to replace such insurance through the Maryland prop
erty insurance
availability plan, or any other plan, if there be such, and he may bo eligible therefor.

- 1341 -

 

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Session Laws, 1994
Volume 773, Page 1341   View pdf image
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