Ch. 36

1995 LAWS OF MARYLAND

Defined terms: "Commissioner" § 1-101
"Controlled insurer" § 8-101
"Controlling broker" § 8-101
"Insurance" § 1-101
"Insurance business" § 1-101
"Premium" § 1-101

8-108. RECORDS OF CONTROLLING BROKER.

THE CONTROLLING BROKER SHALL KEEP RECORDS SUFFICIENT TO:

(1)      DEMONSTRATE THAT THE CONTROLLING BROKER'S DEALINGS
WITH ITS CONTROLLED INSURER WERE FAIR AND COMPLY WITH TITLE 7 OF THIS
ARTICLE; AND

(2)  . DISCLOSE ACCURATELY THE NATURE AND DETAILS OF THE
CONTROLLING BROKER'S TRANSACTIONS WITH ITS CONTROLLED INSURER,
INCLUDING ANY INFORMATION THAT IS NECESSARY TO SUPPORT THE CHARGES OR
FEES TO THE RESPECTIVE PARTIES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 662(b).

In item (1) of this section, the former word "equitable", which modified
"dealings", is deleted as unnecessary in light of the word "fair".

Defined terms: "Controlled insurer" § 8-101
"Controlling broker" § 8-101

8-109. VIOLATIONS OF SUBTITLE.

(A)     HEARINGS.

IF THE COMMISSIONER HAS REASON TO BELIEVE THAT A CONTROLLING
BROKER HAS VIOLATED OR IS VIOLATING THIS SUBTITLE, THE COMMISSIONER
SHALL:

(1)      SERVE ON THE CONTROLLING BROKER A STATEMENT OF CHARGES
AND NOTICE OF HEARING; AND

(2)      HOLD A HEARING SUBJECT TO §§ 2-210 THROUGH 2-214 OF THIS
ARTICLE.

(B)     JUDICIAL REVIEW.

AN ORDER OF THE COMMISSIONER IS SUBJECT TO JUDICIAL REVIEW UNDER §
2-215 OF THIS ARTICLE.

(C)     REIMBURSEMENT OF PROPERTY AND CASUALTY INSURANCE GUARANTY
CORPORATION.

THE CONTROLLING BROKER SHALL REIMBURSE THE PROPERTY AND
CASUALTY INSURANCE GUARANTY CORPORATION FOR ANY PAYMENTS MADE BY
THE PROPERTY AND CASUALTY INSURANCE GUARANTY CORPORATION FOR

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