PARRIS N. GLENDENING, Governor                                 Ch. 223

Article - Insurance

4-117.

(A)     AT THE TIME OF PAYMENT AND IF, IF THE PAYMENT HAS BEEN
SPECIFICALLY AUTHORIZED BY THE CLAIMANT'S ATTORNEY, AN INSURER SHALL
MAY PROVIDE WRITTEN NOTICE TO A THIRD PARTY CLAIMANT OF PAYMENT OF
$2,000 OR MORE IN SETTLEMENT OF A THIRD PARTY LIABILITY CLAIM FOR BODILY
INJURY IF:

(1) THE CLAIMANT IS AN INDIVIDUAL; AND

(2) THE CLAIMANT IS A RESIDENT OF MARYLAND; AND

(3)     (2)     THE PAYMENT IS DELIVERED TO THE CLAIMANT'S ATTORNEY
OR OTHER REPRESENTATIVE BY CHECK, DRAFT, OR OTHER MEANS.

(B)     THE NOTICE REQUIRED BY PROVIDED UNDER SUBSECTION (A) OF THIS
SECTION SHALL BE SENT BY REGULAR MAIL AT LEAST 5 WORKING DAYS AFTER
PAYMENT IS DELIVERED UNDER SUBSECTION (A)(2) OF THIS SECTION TO THE
CLAIMANT AT THE LAST KNOWN ADDRESS OF THE CLAIMANT.

(C)     THE INSURER MAY PROVIDE NOTICE TO THE CLAIMANT BY A COPY OF
THE LETTER OF TRANSMITTAL TO THE CLAIMANT'S ATTORNEY OR OTHER
REPRESENTATIVE.

(D)     THIS SECTION MAY NOT BE CONSTRUED TO CREATE:

(1)      A CAUSE OF ACTION FOR ANY PERSON AGAINST AN INSURER BASED
ON THE INSURER'S FAILURE TO PROVIDE THE NOTICE REQUIRED BY UNDER THIS
SECTION; OR

(2)      A DEFENSE FOR ANY PARTY AGAINST A CAUSE OF ACTION BASED
ON THE INSURER'S FAILURE TO PROVIDE THE NOTICE REQUIRED BY UNDER THIS
SECTION.

SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act
shall take effect October 1, 1995, and remain in effect until October 1, 1997.

SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect October 1, 1997.

Approved May 9, 1995.

CHAPTER 223
(House Bill 48)

AN ACT concerning

Municipal Corporations - Privately Owned Residential Communities - Residential Street

Services

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