PARRIS N. GLENDENING, Governor

Ch. 348

(3) Collision coverage shall provide insurance without regard to fault
against accidental property damage to the insured motor vehicle caused by physical
contact of the insured motor vehicle with another motor vehicle or with another object or
by upset of the insured motor vehicle, if the accident occurs within the United States of
America, its territories or possessions, Canada or Mexico.

(4) (i) For purposes of this paragraph, "passenger car" means any motor
vehicle that is a Class A (passenger) vehicle under § 13-912 of the Transportation Article,
or any motor vehicle that is a Class M (multipurpose) vehicle under § 13-937 of the
Transportation Article if the vehicle is used primarily for transporting passengers.

(ii) Whenever a private passenger automobile insurance policy issued,
sold, or delivered in this State includes collision coverage under this subsection, the motor
vehicles insured under such coverage shall include any passenger car that is rented by an
insured for a period of 30 days or less under a rental agreement as otherwise defined in
§ 14-2101 of the Commercial Law Article.

(iii) Every insurer providing a policy with such coverage shall notify its
insured in a separate written notice in bold type that the insured will not need any
additional such coverages or a collision damage waiver whenever the insured rents a
private passenger car for a period of 30 days or less during the term of the policy.

(iv) An insurer may not deny coverage to an insured for collision
damage to a rental vehicle because:

1. The accident involved an uninsured motorist; or

2. The identity of the motor vehicle causing the damage cannot
be ascertained.

(c) The coverage required by subsection (c) of this section does not apply to a
policy of liability insurance that insures a motor vehicle that is not subject to registration
under § 13-402 of the Transportation Article, because it is not driven on a highway or it
is exempt under § 13-402(c)(10) of the Transportation Article.

(f)     Policies of insurance that have as their primary purpose to provide coverage in
excess of other valid and collectible insurance or qualified self insurance may include
uninsured motorist coverage as provided in subsection (c) of this section.

(g)    (1) Unless THE FULL COVERAGE OR EXCESS COVERAGE IS waived by the
first named insured under this subsection, the amount of uninsured motorist coverage
under a policy of private passenger motor vehicle insurance shall be equal to the amount
of liability coverage provided under the policy.

(2) [ Where] IF THE FIRST NAMED INSURED DOES NOT WISH TO OBTAIN
UNINSURED MOTORIST BENEFITS, OR WHERE the liability insurance coverage under a
policy or binder of private passenger motor vehicle insurance is in excess of that required
under § 17-103 of the Transportation Article[, if] AND the first named insured does not
wish to obtain uninsured motorist benefits in the same amount as the liability insurance
coverage, the first named insured shall make an affirmative written waiver of having
uninsured motorist benefits OR HAVING BENEFITS in the same amount as the liability
coverage.

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