Ch. 515

1995 LAWS OF MARYLAND

Article 48A - Insurance Code

541.

(c) (1) In this subsection "uninsured motor vehicle" means a motor vehicle
whose ownership, maintenance, or use has resulted in the bodily injury or death of an
insured, and for which the sum of the limits of liability under all valid and collectible
liability insurance policies, bonds, and securities applicable to [the] bodily injury or
death:

(I)       [is] IS less than the amount of coverage provided under this
subsection; OR

(II)     HAS BEEN REDUCED BY PAYMENT TO OTHER PERSONS OF
CLAIMS ARISING FROM THE SAME OCCURRENCE TO AN AMOUNT LESS THAN THE
COVERAGE PROVIDED UNDER THIS SUBSECTION.

(2) In addition to any other coverage required by this subtitle, every policy
of motor vehicle liability insurance issued, sold, or delivered in this State after July 1,
1975 shall contain coverage in at least the amounts required under Title 17 of the
Transportation Article, for damages, subject to the policy limits, which:

(i) The insured is entitled to recover from the owner or operator of an
uninsured motor vehicle because of bodily injuries sustained in an accident arising out of
the ownership, maintenance, or use of such uninsured motor vehicle[; and].

(ii) The surviving relatives, as defined in § 3-904 of the Courts Article,
of the insured are entitled to recover from the owner or operator of an uninsured motor
vehicle because of the death of the insured as the result of an accident arising out of the
ownership, maintenance, or use of the uninsured motor vehicle.

(iii) The coverage required under this subsection (c) shall be in such
form and subject to such conditions as may be approved by the Commissioner of
Insurance.

(iv) Any provision in any policy of motor vehicle liability insurance
issued after July 1, 1975, with respect to the coverage provided for damages sustained by
the insured as a result of the operation of an uninsured motor vehicle, which commands
or requires the submission of any dispute between the insured and the insurer to binding
arbitration, is prohibited and shall be of no legal force or effect.

(v) In no case shall the uninsured motorist coverage be less than the
coverage afforded a qualified person under Article 48A, §§ 243H and 243-I. However, the
insurer may exclude from coverage benefits for:

1.       The named insured or members of his family residing in the
household when occupying, or struck as a pedestrian by, an uninsured motor vehicle that
is owned by the named insured or a member of his immediate family residing in his
household; and

2.       The named insured, members of his family residing in the
household, and all other persons having other applicable automobile insurance and

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