Ch. 352                                    1995 LAWS OF MARYLAND

(1) FILE A MARKETING PLAN WITH THE COMMISSIONER ON OCTOBER 1,
1996 OR OCTOBER 1, 1997; AND

(2)     IMPLEMENT THE MARKETING PLAN ON JANUARY 1, 1997 OR
JANUARY 1, 1998.

245B.

(A) (1) ON OR BEFORE OCTOBER 1, 1998 AND EACH OCTOBER 1
THEREAFTER, AN INSURER THAT HAS BEEN DESIGNATED AS A MAJOR INSURER ON
THE PRECEDING AUGUST 15 AND DID NOT ACHIEVE ITS COMPETITIVE URBAN
MARKET SHARE IN THE PRECEDING CALENDAR YEAR SHALL FILE A MARKETING
PLAN FOR BALTIMORE CITY AND ITS PRIVATE PASSENGER AUTOMOBILE
UNDERWRITING GUIDELINES WITH THE COMMISSIONER.

(2) THE COMMISSIONER SHALL REVIEW THE MARKETING PLAN AND
UNDERWRITING GUIDELINES TO DETERMINE WHETHER THE IMPLEMENTATION OF
THE MARKETING PLAN AND UNDERWRITING GUIDELINES WILL REASONABLY
RESULT IN THE MAJOR INSURER ACHIEVING ITS COMPETITIVE URBAN MARKET
SHARE.

(3) IF THE COMMISSIONER HAS NOT DISAPPROVED A MARKETING PLAN
AND UNDERWRITING GUIDELINES WITHIN 30 DAYS AFTER ITS SUBMISSION, THE
MARKETING PLAN AND UNDERWRITING GUIDELINES SHALL BE DEEMED
APPROVED.

(4)     (I) IF A MARKETING PLAN OR UNDERWRITING GUIDELINES DO
NOT CONTAIN SUFFICIENT INFORMATION FOR THE COMMISSIONER TO MAKE A
DETERMINATION OF WHETHER THEY WILL REASONABLY RESULT IN THE MAJOR

INSURER ACHIEVING ITS COMPETITIVE URBAN MARKET SHARE, THE

COMMISSIONER SHALL REQUIRE THE INSURER TO FURNISH THE NEEDED
INFORMATION WITHIN 30 DAYS.

(II) IF ADDITIONAL INFORMATION IS REQUIRED BY THE
COMMISSIONER UNDER THIS PARAGRAPH, THE TIME PERIOD FOR APPROVAL,
DISAPPROVAL, OR DEEMED APPROVAL RUNS FROM THE DATE THE ADDITIONAL
INFORMATION IS SUBMITTED.

(5) IF THE COMMISSIONER DETERMINES THAT THE MARKETING PLAN
AND UNDERWRITING GUIDELINES WILL NOT REASONABLY RESULT IN A MAJOR
INSURER ACHIEVING ITS COMPETITIVE URBAN MARKET SHARE, THE
COMMISSIONER SHALL MODIFY THE MARKETING PLAN AND UNDERWRITING
GUIDELINES IN ANY MANNER THE COMMISSIONER DEEMS APPROPRIATE, TAKING
INTO ACCOUNT ALL FACTORS INCLUDING;

(I) RATES, FORMS, AND RATING TERRITORIES;

(II) INSURER'S AGENCY APPOINTMENTS, COMPANY STRUCTURE,

AND MARKETING STRATEGY;

(III) INSURER LOSS RATIOS AND UNDERWRITING AND INVESTMENT
PROFITS OR LOSSES;

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