Ch. 131

1996 LAWS OF MARYLAND

(2)     REFUSE TO PAY A CLAIM CANCEL, OR OTHERWISE TERMINATE A
POLICY OF LIFE INSURANCE OR HEALTH INSURANCE OR A HEALTH BENEFITS PLAN;

(3)     INCREASE RATES FOR LIFE INSURANCE, HEALTH INSURANCE, OR A
HEALTH BENEFITS PLAN; OR

(4)     IN LIFE INSURANCE POLICIES AND HEALTH BENEFITS PLANS, ADD A
SURCHARGE, APPLY A RATING FACTOR, OR USE ANY OTHER UNDERWRITING
PRACTICE THAT ADVERSELY TAKES INTO ACCOUNT THE INFORMATION.

(C) AN INSURER IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY CAUSE OF
ACTION ARISING FROM INJURY TO OR DEATH OF AN INDIVIDUAL FOR WHOM A LIFE
INSURANCE POLICY IS ISSUED AND WHO SUBSEQUENTLY SUFFERS DOMESTIC
VIOLENCE OR ABUSE OR WHO DIES AS A RESULT OF DOMESTIC VIOLENCE OR
ABUSE.

(D) TIES SECTION DOES NOT REQUIRE AN INSURER TO MAKE A PAYMENT
FOR ANY LOSS UNDER A LIFE INSURANCE POLICY THAT WOULD DIRECTLY BENEFIT
A PERSON WHO WILLFULLY CAUSED AN INJURY THAT GAVE RISE TO THE LOSS.

(C) IF AN INSURER ACTS IN GOOD FAITH, THE INSURER IS NOT SUBJECT TO
TORT LIABILITY FOR A CAUSE OF ACTION ARISING FROM THE INSURER'S LAWFUL
ISSUANCE OF AND LAWFUL COMPLIANCE WITH A LIFE INSURANCE POLICY FOR AN
INSURED WHO SUBSEQUENTLY SUFFERS DOMESTIC VIOLENCE OR ABUSE.

(D) THIS SECTION DOES NOT REQUIRE AN INSURER:

(1) TO MAKE A PAYMENT TO AN INDIVIDUAL WHO WILLFULLY CAUSED
AN INJURY THAT GAVE RISE TO A LOSS UNDER A LIFE INSURANCE POLICY; OR

(2) TO ISSUE, WITHOUT THE CONSENT OF THE PROPOSED INSURED.
LIFE INSURANCE OR DISABILITY INCOME INSURANCE TO AN APPLICANT KNOWN TO
HAVE ABUSED THE PROPOSED INSURED.

(E) THIS SECTION MAY NOT BE INTERPRETED TO PRECLUDE AN INSURER
FROM USING MENTAL OR PHYSICAL CONDITIONS, REGARDLESS OF CAUSE, IN
DETERMINING THE ELIGIBILITY, RATE, OR UNDERWRITING CLASSIFICATION OF
THE APPLICANT OR INSURED.

Article - Health - General

19-706.

(g) The provisions of Article 48A,[ § 230A] §§ 230A AND 234D of the Code shall
apply to health maintenance organizations.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.

Approved April 30, 1996.

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