PARRIS N. GLENDENING, Governor

Ch. 36

In subsection (a) of this section, the former phrase "[e]xcept when previously
suspended or revoked" is deleted as unnecessary. A certificate of qualification
that has been suspended or revoked is not in effect and therefore cannot be
renewed.

Also in subsection (a) of this section, the words "original and renewal", which
formerly modified "certificates of qualification", are deleted as unnecessary
since, absent a limitation, the reference to a "certificate of qualification"
includes both an original and renewal certificate of qualification.

Defined terms: "Certificate of qualification" § 8-201
"Commissioner" § 1-101

8-206. DENIALS, REFUSALS TO RENEW, SUSPENSIONS, AND REVOCATIONS;
PENALTIES.

(A) MANDATORY DENIALS AND REFUSALS TO RENEW — GROUNDS.

THE COMMISSIONER SHALL DENY OR REFUSE TO RENEW A CERTIFICATE OF
QUALIFICATION IF THE APPLICANT OR HOLDER OF THE CERTIFICATE OF
QUALIFICATION:

(1)      HAS WILLFULLY VIOLATED THIS ARTICLE OR ANOTHER LAW OF
THE STATE THAT RELATES TO INSURANCE;

(2)      HAS INTENTIONALLY MISREPRESENTED OR CONCEALED A
MATERIAL FACT IN AN APPLICATION FOR A CERTIFICATE OF QUALIFICATION;

(3)      HAS OBTAINED OR ATTEMPTED TO OBTAIN A CERTIFICATE OF
QUALIFICATION BY MISREPRESENTATION, CONCEALMENT, OR OTHER FRAUD;

(4)      HAS MISAPPROPRIATED, CONVERTED, OR UNLAWFULLY WITHHELD
MONEY THAT BELONGS TO AN INSURER, AGENT, BROKER, BENEFICIARY, OR
INSURED;

(5)      HAS WILLFULLY AND MATERIALLY MISREPRESENTED THE
PROVISIONS OF A POLICY;

(6)      HAS COMMITTED FRAUDULENT OR DISHONEST PRACTICES IN THE
INSURANCE BUSINESS;

(7)      HAS PARTICIPATED, WITH OR WITHOUT THE KNOWLEDGE OF AN
INSURER, IN SELLING MOTOR VEHICLE INSURANCE WITHOUT THE INTENTION TO
SELL THE INSURANCE, AS EVIDENCED BY A PERSISTENT PATTERN OF FILING
CERTIFICATES OF INSURANCE TOGETHER WITH OR CLOSELY FOLLOWED BY
CANCELLATION NOTICES FOR THE INSURANCE;

(8)      HAS BEEN CONVICTED BY FINAL JUDGMENT IN ANY STATE OR
FEDERAL COURT OF A CRIME INVOLVING MORAL TURPITUDE;

(9)      HAS KNOWINGLY PARTICIPATED IN WRITING OR ISSUING
SUBSTANTIAL OVER-INSURANCE OF PROPERTY INSURANCE RISKS;

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