Ch. 348

1996 LAWS OF MARYLAND

(3) (i) Before a first named insured makes a waiver under this subsection,
the first named insured must be informed in writing of the nature, extent, benefit, and
cost of the level of the uninsured motorist coverage being waived.

(ii) A waiver made under this subsection shall be made on a form
required by the Commissioner.

(iii) The form may be part of the contract of insurance.

(iv) The form shall clearly and concisely explain in 10 point boldface
type:

1. The nature, extent, benefit, and cost of the level of the
uninsured motorist coverage that would be provided under the policy if not waived by the
first named insured;

2. That a failure of the first named insured to make a waiver
requires an insurer to provide uninsured motorist coverage in an amount equal to the
amount of the liability coverage, 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;

3. That an insurer may not refuse to underwrite a person
because the person refuses to make a waiver of the FULL OR excess uninsured motorist
coverage under this subsection; and

4. That a waiver made under this subsection must be on
affirmative, written waiver.

(4) Failure of the first named insured to make an affirmative written waiver
under this subsection requires an insurer to provide uninsured motorist coverage in an
amount equal to the amount of the liability coverage, 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.

(5) (i) An insurer may not refuse to underwrite a person because the
person refuses to make a waiver of the FULL OR excess uninsured motorist coverage
under this subsection.

(ii) A violation of this paragraph is subject to the penalties provided
under §§ 55 and 55A of this article.

(6) A waiver made under this subsection by persons continuously insured by
an insurer or by the Maryland Automobile Insurance Fund shall be construed to be
effective until withdrawn in writing.

(7) Subject to approval by the Commissioner, the waiver made under this
subsection may be made on the same form as the waiver made under § 539(f) of this
subtitle.

(8) A PERSON WHO HAS WAIVED UNINSURED MOTORIST COVERAGE
UNDER THIS SUBSECTION MAY NOT MAKE A CLAIM AGAINST THE MARYLAND

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