PARRIS N. GLENDENING, Governor                             Ch. 352

(1) PREPARE A LIST OF INSURERS THAT ARE MAJOR INSURERS;

(2) COMPUTE EACH INSURER'S MARKET SHARE IN BALTIMORE CITY
AND IN THE STATE IN THE PRECEDING CALENDAR YEAR;

(3) NOTIFY IN WRITING EACH INSURER THAT HAS BEEN DESIGNATED
AS A MAJOR INSURER; AND

(4)     NOTIFY IN WRITING EACH MAJOR INSURER THAT DID NOT ACHIEVE
ITS COMPETITIVE URBAN MARKET SHARE IN THE PRECEDING CALENDAR YEAR.

(E) (1) ON OR BEFORE EACH SEPTEMBER 1, A MAJOR INSURER MAY FILE A
WRITTEN REQUEST WITH THE COMMISSIONER FOR A 1 YEAR EXEMPTION FROM
THE REQUIREMENTS OF §§ 245A AND 245B OF THIS SUBTITLE.

(2) THE COMMISSIONER SHALL GRANT AN EXEMPTION UNDER THIS
SUBSECTION IF THE COMMISSIONER DETERMINES THAT THE MAJOR INSURER DOES
NOT WRITE ANY POLICIES IN THE BALTIMORE STANDARD METROPOLITAN

STATISTICAL AREA.

(3) THE COMMISSIONER SHALL DETERMINE WHETHER AN EXEMPTION
SHOULD BE GRANTED BY SEPTEMBER 15 OF THE YEAR IN WHICH THE REQUEST IS
FILED.

245A.

(A) (1) ON OR BEFORE OCTOBER 1, 1995, AN INSURER THAT HAS BEEN
DESIGNATED AS A MAJOR INSURER ON AUGUST 15, 1995 SHALL FILE WITH THE
COMMISSIONER A MARKETING PLAN FOR BALTIMORE CITY IF THE MAJOR INSURER
DID NOT ACHIEVE ITS COMPETITIVE URBAN MARKET SHARE IN 1994.

(2) THE GOAL OF THE MARKETING PLAN SHALL BE TO ENSURE THAT
THE MAJOR INSURER ACHIEVE ITS COMPETITIVE URBAN MARKET SHARE.

(B) A MARKETING PLAN SUBMITTED BY A MAJOR INSURER SHALL TAKE
EFFECT NO LATER THAN JANUARY 1, 1996.

(C) (1) THE COMMISSIONER MAY CONDUCT A MARKET CONDUCT
EXAMINATION ON ANY MAJOR INSURER TO DETERMINE WHETHER THE INSURER IS
IN COMPLIANCE WITH ITS FILED MARKETING PLAN.

(2)     IF THE COMMISSIONER DETERMINES THAT A MAJOR INSURER IS
NOT IN COMPLIANCE WITH ITS FILED MARKETING PLAN, THE COMMISSIONER SHALL
IMPOSE THE PENALTIES PROVIDED UNDER §§ 55 AND 55A OF THIS ARTICLE.

(D) IF AN INSURER IS NOT DESIGNATED A MAJOR INSURER ON AUGUST 15,
1995, BUT IS DESIGNATED A MAJOR CARRIER ON AUGUST 15, 1996 OR AUGUST 15, 1997,
OR IS GRANTED AN EXEMPTION UNDER § 245(E) OF THIS SUBTITLE ON SEPTEMBER
15, 1995, BUT IS NOT GRANTED AN EXEMPTION ON SEPTEMBER 15, 1996 OR
SEPTEMBER 15, 1997, OR ACHIEVES ITS COMPETITIVE URBAN MARKET SHARE IN 1994,
BUT FAILS TO ACHIEVE ITS COMPETITIVE URBAN MARKET SHARE IN 1995 OR 1996,
THE INSURER SHALL, AS THE CASE MAY BE:

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