Ch. 352                                    1995 LAWS OF MARYLAND

(2)     For the purpose of this section only, "Maryland resident" shall include a
person 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.

(4) A PERSON WHO APPLIES AN APPLICANT'S ELIGIBILITY FOR
INSURANCE FROM THE FUND SHALL CERTIFY THE PERSON'S ELIGIBILITY NO LESS
THAN EVERY 3 YEARS BE CERTIFIED AT A TIME AND IN A MANNER APPROVED BY
THE FUND.

243P.

(A)    EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, AN
INSURER THAT ISSUES OR SELLS OR DELIVERS PRIVATE PASSENGER MOTOR
VEHICLE INSURANCE IN THE STATE MAY NOT REFUSE TO ISSUE A POLICY OF
PRIVATE PASSENGER MOTOR VEHICLE INSURANCE TO ANY PERSON WHO, FOR THE
IMMEDIATELY PRECEDING 3 CONTINUOUS YEARS:

(1)     HAS BEEN INSURED BY THE FUND;

(2)     HAS NOT HAD ANY MOVING TRAFFIC VIOLATIONS; AND
(3) HAS NOT HAD MORE THAN ONE POINT; AND

(4) HAS NOT HAD ANY CHARGEABLE TRAFFIC ACCIDENT.

(B)     A PERSON WHO IS ENTITLED TO INSURANCE UNDER SUBSECTION (A) OF
THIS SECTION:

(1) SHALL BE RATED BY THE INSURER IN THE SAME MANNER AS ANY
OTHER POLICYHOLDER NOT PREVIOUSLY INSURED BY THE FUND HAVING THE
SAME RISK CHARACTERISTICS: AND

(2) MAY NOT BE SURCHARGED OR RATED BY THE INSURER SOLELY
BECAUSE THE PERSON WAS INSURED BY THE FUND.

(C) (1) SUBJECT TO § 243A § 234A OF THIS SUBTITLE AND EXCEPT AS
PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, AN INSURER MAY REFUSE TO
ISSUE A POLICY UNDER SUBSECTION (A) OF THIS SECTION IF THE PERSON DOES NOT
SATISFY THE INSURER'S MEMBERSHIP ELIGIBILITY OR UNDERWRITING STANDARDS.

(2) A PERSON WHO IS ENTITLED TO INSURANCE UNDER SUBSECTION
(A) OF THIS SECTION MAY NOT BE REFUSED INSURANCE SOLELY BECAUSE OF THE
PERSON'S PLACE OF RESIDENCE. PLACE OF EMPLOYMENT. NUMBER OF YEARS WITH
A U.S. DRIVER'S LICENSE, AGE, OR PRIOR CREDIT HISTORY.

(D) A PERSON WHO IS ENTITLED TO INSURANCE UNDER SUBSECTION (A) OF
THIS SECTION MAY FINANCE THE PREMIUM WITH ANY PREMIUM FINANCE
COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE IF THE INSURER DOES NOT
OFFER A MONTHLY PREMIUM PAYMENT INSTALLMENT PLAN.

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