PARRIS N. GLENDENING, Governor

Ch. 11

(1)      COVER PERTINENT STRUCTURAL AND OCCUPANCY FEATURES AND
THE GENERAL CONDITION OF THE BUILDING AND SURROUNDING STRUCTURES;

(2)      INDICATE THE PERTINENT FEATURES OF BUILDING,'
CONSTRUCTION, MAINTENANCE, OCCUPANCY, AND SURROUNDING PROPERTY; AND

(3)      INCLUDE A RATE MAKEUP STATEMENT THAT COVERS ANY
CONDITION CHARGES OR SURCHARGES IMPOSED:

(I)       AS A RESULT OF THE INSPECTION;

(II)     UNDER THE PROGRAM OF OPERATION; OR

(III)    UNDER A SUBSTANDARD RATING PLAN APPROVED BY THE
COMMISSIONER.

(E) COPY OF REPORT.

ON REQUEST, THE ASSOCIATION SHALL MAKE AVAILABLE A COPY OF THE
INSPECTION REPORT TO THE APPLICANT OR THE APPLICANT'S LICENSED
PRODUCER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 478D(2) through (5).

In subsection (c)(3) of this section, the word "representative", which formerly
modified "photographs", is deleted as implicit. Photographs of property are
always "representative".

In subsection (e) of this section, the reference to a "licensed producer" is
substituted for the former reference to a "producer" for clarity.

Defined terms: "Association" § 25-401

"Essential property insurance" § 25-401
"Homeowner's insurance" § 25-401
"Licensed producer" § 25-401

25-408. POWERS AND DUTIES OF COMMISSIONER.

(A)     IN GENERAL.

THE COMMISSIONER SHALL HAVE THE SAME POWERS OVER THE ASSOCIATION
AS ARE GRANTED UNDER THIS ARTICLE WITH RESPECT TO DOMESTIC INSURERS
THAT ARE AUTHORIZED INSURERS.

(B)     APPROVAL OF RATE STRUCTURE.

IF THE COMMISSIONER DETERMINES THAT THE RATE STRUCTURE FOR
POLICIES OF ESSENTIAL PROPERTY INSURANCE AND HOMEOWNER'S INSURANCE
OFFERED BY OR THROUGH THE ASSOCIATION DOES NOT COMPETE WITH THE RATE
STRUCTURE OF THE VOLUNTARY INSURANCE MARKET IN THE STATE, THE
COMMISSIONER SHALL APPROVE THE RATE STRUCTURE.

(C)     FINANCIAL CONDITION OF ASSOCIATION MEMBERS.

- 669 -