Ch. 348

1996 LAWS OF MARYLAND

(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 bo 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
occupying, or struck as a pedestrian by, the insured motor vehicle operated or used by a
person excluded from coverage under § 240C-1 of this article.

(vi) The coverage required under this subsection shall be primary to
any right to recovery from the Maryland Automobile Insurance Fund pursuant to § 243H
of this article.

(3) The limit of liability for an insurer providing uninsured motorist
coverage under this subsection is the amount of that coverage less the amount paid to the
insured that exhausts any applicable liability insurance policies, bonds, and securities on,
behalf of any person who may be held liable for the bodily injuries or death of the
insured.

(4) AN INSURER MAY EXCLUDE FROM COVERAGE BENEFITS TO THE
NAMED INSURED AND MEMBERS OF HIS FAMILY FOR PROPERTY DAMAGE AND
BODILY INJURIES WHERE THERE IS NO PHYSICAL EVIDENCE OF CONTACT WITH THE
UNINSURED VEHICLE DEMONSTRATING THAT THE BODILY INJURIES WERE
SUSTAINED IN AN ACCIDENT ARISING OUT OF THE USE OF AN UNINSURED MOTOR
VEHICLE

(d) (1) All insurers shall offer collision coverage for damage to insured motor
vehicles subject to deductibles of $50 to $250 in $50 increments.

(2) An insurer may offer to its insured optional coverage for damages
incurred by the insured as a result of the loss of use of a rental vehicle that sustains
collision damage while rented by the insured.

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