Ch. 275

1995 LAWS OF MARYLAND

Section 230(h)

Annotated Code of Maryland

(1994 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

230.

(b) (1) A person willfully may not collect as premium or charge for insurance
any sum in excess of or less than the premium or charge applicable to the insurance, in
accordance with the applicable classifications and rates as filed with and approved by the
Commissioner; or, in cases where classifications, premiums, or rates are not required by
this article to be so filed and approved, the premiums and charges shall not be in excess
of or less than those specified in the policy and as fixed by the insurer.

(2)     [This provision] THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION may not be deemed to prohibit the charging, and collection, by surplus line
brokers licensed under Subtitle 13 of this article, of the amount of applicable State and
federal taxes in addition to the premium required by the insurer.

(3)      [Nor shall it] THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT be deemed to prohibit the charging and collection by a life
insurer, of amounts actually to be expended for medical examination of an applicant for
life insurance or for reinstatement of a life insurance policy.

(4)      [Nor may it] THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT be deemed to prohibit brokers from charging a fee, not to exceed
15 percent of the policy premium, for services rendered in the replacement of insurance
in a company where no commissions are payable by the insurer.

(5)      [Nor shall it] THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT be deemed to prohibit the charging and collection, by agents or
brokers, of actual expenses incurred in the placement of automobile insurance through
the Maryland Automobile Insurance Fund [with]:

(I)      WITH a maximum charge of [$10] $20 plus $1 MORE THAN the
actual charge by the Motor Vehicle Administration for any driving record required to be
presented with the application, unless provided otherwise by the Fund; OR

(II)    AS PROVIDED IN SUBSECTION (H) OF THIS SECTION.

(H) (1) (I) IN THIS SUBSECTION, "ACCIDENT HISTORY REPORT" MEANS A
REPORT THAT DETAILS A PERSON'S ACCIDENT HISTORY.

(II)    "ACCIDENT HISTORY REPORT" INCLUDES A COMPREHENSIVE
LOSS UNDERWRITING EXCHANGE AUTOMOBILE REPORT (CLUE REPORT).

(III)   "ACCIDENT HISTORY REPORT" DOES NOT INCLUDE A REPORT
THAT DETAILS A PERSON'S CREDIT STANDING OR HISTORY.

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