Ch. 57

1997 LAWS OF MARYLAND

(ii) the insurer shall return to the policyholder a pro rata premium for
the unexpired term of the policy or annuity contract; or

(2) a similar notice to the policyholder that in the opinion of the
Commissioner is not less favorable to the policyholder.

19- 110.

An insurer may disclaim coverage on a liability insurance policy on the ground that
the insured or a person claiming the benefits of the policy through the insured has
breached the policy by failing to cooperate with the insurer or by not giving the insurer
required notice only if the insurer establishes by a preponderance of the evidence that the
lack of cooperation or notice has resulted in ACTUAL prejudice to the insurer.

20- 101.

(i) ["Physical damage insurance"] "MOTOR VEHICLE PHYSICAL DAMAGE
INSURANCE" means insurance coverage that is reported as private passenger auto
physical damage or commercial auto physical damage on the exhibit of premiums and
losses page of the annual statement that Association members are required to file with
the Commissioner.

20-204.

(a) (2) Positions that the Executive Director designates with the approval of the
Board of Trustees as EXECUTIVE, MANAGEMENT, technical or professional positions
[are in the unclassified service of the State Personnel Management System] ARE
DEEMED SPECIAL APPOINTMENTS WITHIN THE MEANING OF § 6-405 OF THE STATE
PERSONNEL AND PENSIONS ARTICLE.

(b) The Executive Director shall determine the compensation of [the unclassified
service] SPECIAL APPOINTMENT personnel of the Fund:

(1) with the approval of the Board of Trustees; and

(2) when possible, in accordance with the State pay plan.

20-402.

(a) The Association consists of all insurers except for the Fund that are licensed
to write on a direct basis motor vehicle liability insurance or MOTOR VEHICLE physical
damage insurance in the State.

(b) As a condition of its authority to write motor vehicle liability insurance or
MOTOR VEHICLE physical damage insurance in the State, an insurer must be and remain
an Association member.

20^105.

(a) In this section, "net direct written premiums" means direct gross premiums
written on all policies of motor vehicle liability insurance and MOTOR VEHICLE physical
damage insurance less return premiums or dividends paid or credited to policyholders
with respect to those policies.

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