Ch. 361 1997 LAWS OF MARYLAND

(ii) each listed driver; and

(iii) each member of the first named insured's family residing in the
first named insured's household who is at least 16 years old.

(3) An individual listed in paragraph (2)(ii) or (iii) of this subsection may
recover the benefits described in § 19-505 of this subtitle under another private passenger
motor vehicle liability insurance policy if that individual:

(i) is the first named insured under the other policy;

(ii) has not waived the benefits described in § 19-505 of this subtitle
under the other policy; and

(iii) is not a named insured under any other private passenger motor
vehicle liability insurance policy under which a waiver of the benefits described in §
19-505 of this subtitle is in effect.

(c) A waiver made under this section is not effective unless, prior to the waiver,
the insurer gives the first named insured written notice of the nature, extent, and cost of
the coverage described in § 19-505 of this subtitle.

(d) (1) A waiver made under this section shall be made on the form that the
Commissioner requires.

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

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

(i) the nature, extent, and cost of the coverage that would be provided
under the policy if not waived by the first named insured;

(ii) each effect of a waiver as stated in subsection (b) of this section;

(iii) that a failure of the first named insured to make a waiver requires
an insurer to provide the coverage described in § 19-505 of this subtitle;

(iv) that an insurer may not refuse to underwrite a person because the
person refuses to waive the coverage described in § 19-505 of this subtitle; and

(v) that a waiver made under this section must be an affirmative

written waiver.

(e) A waiver made under this section by a person that is insured continuously by
the Maryland Automobile Insurance Fund is effective until the waiver is withdrawn in
writing.

(f) (1) An insurer may not refuse to underwrite a person because the person
refuses to waive the coverage described in § 19-505 of this subtitle.

(2) An insurer that violates this subsection is subject to the penalties
provided by §§ 4-113 and 4-114 of this article.

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