PARRIS N. GLENDENING, Governor                             Ch. 352

(IV) CHANGES IN MARKET SHARE AND TYPES OF RISKS
UNDERWRITTEN; AND

(V) ANY OTHER FACTORS THE COMMISSIONER DEEMS RELEVANT
TO THE MAJOR CARRIER ACHIEVING ITS COMPETITIVE URBAN MARKET SHARE.

(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FROM OCTOBER 1,
1998 THROUGH SEPTEMBER 30, 1999 AND FROM EACH OCTOBER 1 THROUGH
SEPTEMBER 30 THEREAFTER, ANY RATE FILING FOR PRIVATE PASSENGER MOTOR
VEHICLE POLICIES SUBMITTED BY A MAJOR CARRIER SHALL BE SUBJECT TO § 242 OF
THIS ARTICLE IF THE MAJOR INSURER DID NOT ACHIEVE ITS COMPETITIVE URBAN
MARKET SHARE IN THE PRECEDING CALENDAR YEAR.

(C) (1) ON OR BEFORE SEPTEMBER 1, 1998, AND EACH SEPTEMBER 1
THEREAFTER, A MAJOR CARRIER MAY FILE A WRITTEN REQUEST WITH THE
COMMISSIONER FOR A 1 YEAR EXEMPTION FROM THE REQUIREMENTS OF
SUBSECTIONS (A) AND (B) OF THIS SECTION.

(2) THE COMMISSIONER MAY GRANT AN EXEMPTION UNDER THIS
SUBSECTION ONLY IF THE COMMISSIONER DETERMINES THAT THE CARRIER:

(I) HAS A MARKET SHARE IN BALTIMORE CITY THAT
SUBSTANTIALLY CONSTITUTES A COMPETITIVE URBAN MARKET SHARE; OR

(II) HAS BEEN UNABLE TO EXPAND ITS MARKET SHARE TO OBTAIN
A COMPETITIVE URBAN MARKET SHARE BECAUSE OF LIMITATIONS ON CAPITAL
AND SURPLUS.

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

245.

(A) (1) IN THIS SECTION AND §§ 245A THROUGH 245C AND 245B OF THIS
SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(2) "AFFILIATE" HAS THE MEANING STATED IN § 492(A) OF THIS
ARTICLE.

(3)     (I) "INSURER" MEANS ANY PERSON AUTHORIZED TO ISSUE AND
DELIVER PRIVATE PASSENGER MOTOR VEHICLE INSURANCE POLICIES IN THE
STATE.

(II) "INSURER" DOES NOT INCLUDE THE MARYLAND AUTOMOBILE
INSURANCE FUND.

(4)     "MAJOR INSURER" MEANS ANY INSURER INCLUDING ANY
AFFILIATE OR SUBSIDIARY OF THAT INSURER THAT HAS WRITTEN AN AMOUNT OF
PRIVATE PASSENGER PREMIUM IN THE STATE THAT TOTALS 1.0% .5% OR MORE OF
THE TOTAL PREMIUM OF PRIVATE PASSENGER PREMIUM WRITTEN IN THE STATE BY
ALL INSURERS. INCLUDING THE MARYLAND AUTOMOBILE INSURANCE FUND.

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