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PARRIS N. GLENDENING, Governor Ch. 352
Insurance Fund filed with the Commissioner of Insurance provided, however, in
determining whether the insured has completed 3 continuous years, the Fund may not
consider a lapse in coverage of 30 days or less.]
243Q.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER
OCTOBER 1, 1996, THE FUND MAY NOT FILE, AND THE COMMISSIONER MAY NOT
APPROVE, A RATING PLAN THAT PROVIDES INADEQUATE RATES.
(B) ON AND AFTER JULY 1, 1997:
(1) ANY ASSESSMENT BY THE ASSOCIATION AGAINST A MAJOR
CARRIER AS DEFINED IN § 245(A) OF THIS ARTICLE SHALL BE BASED ON THE MAJOR
CARRIER'S COMPETITIVE URBAN MARKET SHARE RATHER THAN ITS ACTUAL
MARKET SHARE IN BALTIMORE CITY; AND
(2) TO THE EXTENT A MAJOR CARRIER'S COMPETITIVE URBAN MARKET
SHARE EXCEEDS ITS ACTUAL MARKET SHARE IN BALTIMORE CITY, THE MAJOR
CARRIER MAY NOT IMPOSE A RECOUPMENT ON ITS POLICYHOLDERS OR
OTHERWISE INCLUDE THE ASSESSMENT IN ITS RATES.
SECTION 8. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article 48A - Insurance Code
243B.
(a) (1) Subject to the provisions of this subtitle generally and § 243D of this
subtitle in particular, the Fund is authorized and shall sell, issue, and deliver, upon
payment of the premium set by the Fund, a policy of automobile liability insurance to any
Maryland resident:
(i) Who owns an automobile validly registered with the Motor Vehicle
Administration, or has a valid license to operate an automobile issued by the Motor
Vehicle Administration;
(ii) Who does not owe to the Fund either any unpaid insurance
premium with respect to a prior expired or cancelled policy, or claim payments obtained
by fraud; and
(iii) Who either:
1. Has in good faith attempted to obtain a policy of automobile
liability insurance from at least two private insurers authorized to write such a policy in
this State and has been rejected or refused such a policy by two such private insurers for
any reason other than nonpayment of premiums: or
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.
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