PARRIS N. GLENDENING, Governor
Ch. 348
(II) IF AN INSURER HAS PAID COLLATERAL BENEFITS TO AN
INSURED WHO IS ALSO ENTITLED TO BENEFITS UNDER § 539 OF THIS SUBTITLE, THE
PRIMARY INSURER SHALL PAY TO THE INSURED ONLY THOSE BENEFITS UNDER §
539 OF THIS SUBTITLE NOT PAID BY THE COLLATERAL INSURER, AND THE
COLLATERAL INSURER MAY COLLECT FROM THE PRIMARY INSURER THOSE
COLLATERAL BENEFITS PAID TO THE INSURED.
(c) An insurer paying benefits under § 539 of this subtitle shall have no right of
subrogation and no claim against any other person or insurer to recover any benefits paid
by reason of the alleged fault of such other person in causing or contributing to the
accident.
(d) Upon the issuance of a policy containing coverage described under § 539 of
this subtitle, the insurer shall notify the policyholder in writing that a surcharge may not
be imposed on the policyholder for any claim or payment made pursuant to the coverage
provided under § 539 of this subtitle.
541.
(a) Nothing in this subtitle affects or limits the provisions of Title 17 of the
Transportation Article, and every policy of motor vehicle liability insurance issued, sold,
or delivered in this State shall provide the minimum liability coverage specified therein.
(b) (1) Nothing in this subtitle or in Title 17 of the Transportation Article
prevents an insurer from issuing, selling, or delivering a policy of motor vehicle liability
insurance providing liability coverage in excess of the requirements of the Maryland
Vehicle Law.
(2) Nothing in this subtitle shall be construed to prohibit an insurer from
providing Christian Science care and treatment, and such Christian Science care and
treatment shall constitute economic loss.
(e) (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 bodily injury or death;
(i) 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.
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