PARRIS N. GLENDENING, Governor

Ch. 348

(2) (I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, AN
INSURED MAY BRING A CIVIL ACTION AGAINST ITS INSURER FOR A VIOLATION OF
SUBSECTION (C) OF THIS SECTION IF THE ALLEGED VIOLATION ARISES OUT OF
ACTIVITY BY THE INSURER RELATING TO THE PAYMENT OF BENEFITS UNDER §
539(G) OR § 541A OF THIS SUBTITLE.

(II) IN ANY ACTION BROUGHT UNDER THIS SUBSECTION, THE
INSURED, IF SUCCESSFUL, SHALL BE ENTITLED TO RECOVER;

1. COSTS AND EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES, INCURRED BY THE INSURED; AND

2. IF THE INSURED PROVES THAT ITS INSURER IN BAD
FAITH IN DENYING COVERAGE OR FAILING AND REFUSING TO MAKE PAYMENT TO
THE INSURED UNDER SECTIONS 539(G) OR 541A OF THIS SUBTITLE, AN AMOUNT NOT
TO EXCEED THREE (3) TIMES THE AMOUNT OF THE PAYMENT WITHHELD BY THE
INSURER:

(3)     PRIOR TO BRINGING AN ACTION UNDER PARAGRAPH (2) OF THIS
SUBSECTION, AN INSURED SHALL:

(I) FILE AN ADMINISTRATIVE ACTION WITH THE COMMISSIONER
UNDER THIS SECTION; AND

(II) OBTAIN IN THE ADMINISTRATIVE ACTION A FINAL ORDER
FROM THE COMMISSIONER IN FAVOR OF THE INSURED.

(4)     (I) IN ANY ACTION UNDER THIS SUBSECTION, THE INSURED IS
NOT ENTITLED TO RECOVER DAMAGES OTHER THAN THOSE PROVIDED IN
PARAGRAPH (2)(II) OF THIS SECTION.

(II) THIS SECTION SHALL NOT BE CONSTRUED TO OMIT THE RIGHT
OF ANY PERSON TO MAINTAIN AN ACTION FOR DAMAGES OTHERWISE AVAILABLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 48A - Insurance Code

233.

(f) IT SHALL BE A FRAUDULENT INSURANCE ACT FOR:

(1)     ANY PERSON, FOR PERSONAL GAIN, TO SOLICIT A PERSON INJURED
BY OR IN A MOTOR VEHICLE, TO SUE OR RETAIN A LAWYER TO REPRESENT THAT
PERSON IN A LAWSUIT;

(2)     ANY PERSON, FOR PERSONAL GAIN, TO SOLICIT A PERSON INJURED
BY OR IN A MOTOR VEHICLE TO SEEK CARE FROM A HEALTH CARE PRACTITIONER;
AND

(3)     ANY HEALTH CARE PRACTITIONER OR LAWYER TO EMPLOY,
DIRECTLY OR INDIRECTLY, OR IN ANY WAY COMPENSATE ANY PERSON FOR THE

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