Ch. 36

1995 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 377B.

Throughout this section, the former references to "stipulations" are deleted
as included in the references to "provision[s]".

In subsection (a) of this section, the former phrase "whatsoever, heretofore or
hereafter issued" is deleted as surplusage.

Also in subsection (a) of this section, the former reference to "suits" is deleted
as included in the word "action".

Also in subsection (a) of this section, the former reference to "statutes" is
deleted as included in the word "law".

Although former Art. 48A, § 377B could be read to prohibit a court from
giving effect to a contract if any provision in the contract were illegal, the
Insurance Article Review Committee concluded that a narrower
interpretation, revised as subsection (b)(1) of this section, is preferable. The
Committee concluded that if any provision of a contract is held illegal, the
illegality does not affect the other provisions of the contract, which can be
given effect without the illegal provision.

Defined term: "Insurance contract" § 1-101

12-105. WAIVER OF POLICY PROVISIONS OR DEFENSES BY INSURERS.

WITHOUT LIMITATION OF ANY RIGHT OR DEFENSE OF AN INSURER, THE
FOLLOWING ACTS BY OR ON BEHALF OF AN INSURER ARE NOT CONSIDERED TO BE
A WAIVER OF A PROVISION OF A POLICY OR OF A DEFENSE OF THE INSURER UNDER
THE POLICY:

(1)     ACKNOWLEDGING THE RECEIPT OF NOTICE OF. LOSS OR CLAIM
UNDER THE POLICY;

(2)     FURNISHING A FORM FOR:

(I)      REPORTING A LOSS OR CLAIM;

(II)     GIVING INFORMATION RELATING TO A LOSS OR CLAIM; OR

(III)   MAKING PROOF OF A LOSS;                 

(3)      RECEIVING OR ACKNOWLEDGING RECEIPT OF A FORM OR PROOF
LISTED IN ITEM (2) OF THIS SECTION, COMPLETED OR UNCOMPLETED;

(4)      INVESTIGATING A LOSS OR CLAIM UNDER A POLICY; OR

(5)     ENGAGING IN NEGOTIATIONS TOWARD SETTLEMENT OF A LOSS OR

CLAIM.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 384.

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