Ch. 352

1995 LAWS OF MARYLAND

2. Has had a policy of automobile liability insurance cancelled
or nonrenewed for any reason other than nonpayment of premiums, by a private insurer
authorized to write such a policy in this State.]

(2) For the purpose of this section only, "Maryland resident" shall include a
portion to whom a nonresident permit is issued under § 13-402.1(e) of the Transportation
Article.

(3) The purpose of the Fund is to provide automobile insurance to those
eligible persons who are unable to obtain it in the private market;

(b) (1) The policy issued by the Fund shall contain the minimum coverages
required by §§ 539 through 542, inclusive, of this article, and may contain such other
provisions as may be determined by the Executive Director and approved by the Board of
Trustees of the Fund and the Commissioner of Insurance.

(2) (i) Subject to subparagraph (ii) of this paragraph whenever the Fund
issues a policy of commercial automobile liability insurance under this subtitle, the Fund
may provide coverages in addition to and in excess of the minimum coverages required by
§§ 539 through 542, inclusive, of this article and by Title 17 of the Transportation Article.

(ii) The Fund may not be required to provide coverages in addition to
and in excess of the required minimum coverages for any applicant or policyholder except
to the extent that reinsurance for such additional or excess coverage is available and
acceptable to the Fund.

(3) (i) Premiums for all commercial coverage shall be determined in
accordance with § 243C of this article.

(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, the rating considerations set out in § 243C(a)(2) of this article may not be
used to determine the premium for commercial coverage.

(J) (1) THE FUND SHALL CANCEL COVERAGE AND REFUSE TO ISSUE A
POLICY UNDER SUBSECTION (D)(4) OF THIS SECTION IF WITHIN 60 DAYS THE
APPLICANT HAS NOT PROVIDED COPIES OF WRITTEN DECLINATIONS FROM TWO
INSURERS OR AGENTS OF THE INSURERS AS REQUIRED UNDER SUBSECTION
(A)(1)(III) OF THIS SECTION.

(2) THE FUND SHALL TERMINATE THE RIGHT TO BIND COVERAGE TO
ANY PRODUCER WHO, WITH RESPECT TO ANY APPLICANT, BINDS COVERAGE WITH
THE FUND AND DOES NOT WITHIN 60 DAYS PROVIDE THE FUND WITH THE
DOCUMENTATION REQUIRED UNDER SUBSECTION (A)(1)(III) OF THIS SECTION.

243C.

[(d) Beginning January 1, 1976, any policyholder who has completed any three
continuous years in the Fund in which he has not had any moving traffic violations, not
more than one point, and has not had any chargeable traffic accident, is entitled to
renewal coverage from the Fund at rates reasonably comparable to those charged by
standard insurers and approved by the Commissioner but may not be entitled to any safe
driver credit as defined in the rules and rate schedules of the Maryland Automobile

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