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Session Laws, 1995
Volume 793, Page 867   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 36

revokes a certificate of authority for violations of subsection (a) of this section.
See subsection (b) of this section, which does provide for a hearing before
refusing to renew, suspending, or revoking a certificate of authority.

In subsection (a)(3) of this section, the reference to the "business" of the
insurer is added for clarity.

The Insurance Article Review Committee notes, for the consideration of the
General Assembly, that subsection (a)(3) of this section only covers a business
that "is" fraudulently conducted. The General Assembly may wish to cover
also a business that "has been" fraudulently conducted.

In subsection (b)(2) of this section, the former word "lawful", which modified
"regulation or order", is deleted as surplusage.

Also in subsection (b)(2) of this section, the former word "rule" is deleted in
light of the word "regulation". See the General Revisor's Note to this article.

In subsection (b)(4) of this section, the former reference to "issuing" policies
is deleted as unnecessary in light of the reference to "writing" policies.

In subsection (b)(5) of this section, the former word "unreasonably" is deleted
as unnecessary in light of the phrase "without just cause".

In subsection (b)(10) of this section, the former reference to the "Unsatisfied
Claim and Judgment Fund" is deleted as obsolete. The Maryland Automobile
Insurance Fund now handles virtually all of the matters that formerly were
handled by the Unsatisfied Claim and Judgment Fund. See Ch. 73, Acts of
1972. The Insurance Article Review Committee calls this deletion to the
attention of the General Assembly.

In subsection (b)(11) of this section, the former phrase "as defined in § 166(a)
of this article" is deleted as surplusage. See § 1-101 of this article.

In subsection (c)(1) and (2) of this section, the references to refusal "to
renew" a certificate of authority are added for clarity.

In subsection (c)(4) of this section, the phrase "of general circulation", which
formerly modified "newspaper", is deleted in light of Art. 1, § 28.

In subsection (d)(1) of this section, the former phrase "on any insurer whose
certificate of authority is subject to revocation or suspension under the
provisions of this article" is deleted as unnecessary in light of the introductory
language "[i]nstead of or in addition to suspending or revoking a certificate of
authority".

In subsection (d)(2) of this section, the former word "damage" is deleted as
unnecessary in light of the word "injury".

Defined terms: "Agent" § 1-101

"Certificate of authority" § 1-101
"Commissioner" § 1-101
"Insurance" § 1-101

- 867 -

 

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Session Laws, 1995
Volume 793, Page 867   View pdf image
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