PARRIS N. GLENDENING, Governor

Ch. 35

PRACTICE THAT IS UNFAIR, UNREASONABLE, OR OTHERWISE INCONSISTENT WITH
THIS SUBTITLE, THE COMMISSIONER MAY ISSUE A WRITTEN ORDER THAT SPECIFIES
THE WAYS IN WHICH THE ACT OR PRACTICE IS UNFAIR, UNREASONABLE, OR
OTHERWISE INCONSISTENT WITH THIS SUBTITLE AND REQUIRES THAT THE ACT OR
PRACTICE BE DISCONTINUED.

(C) STATISTICS OR RECOMMENDATIONS.

(1) AN INSURER THAT MAKES ITS OWN FILINGS OR A RATING
ORGANIZATION MAY NOT SUPPORT ITS FILINGS BY STATISTICS OR ADOPT RATE
MAKING RECOMMENDATIONS PROVIDED TO IT BY AN ADVISORY ORGANIZATION
THAT HAS FAILED TO COMPLY WITH:

(I) THIS SECTION; OR

(II) AN ORDER OF THE COMMISSIONER ISSUED UNDER
SUBSECTION (B) OF THIS SECTION THAT INVOLVES THE STATISTICS OR
RECOMMENDATIONS.

(2) IF THE COMMISSIONER FINDS THAT AN INSURER OR RATING
ORGANIZATION HAS VIOLATED THIS SUBSECTION, THE COMMISSIONER MAY ISSUE
AN ORDER THAT REQUIRES THAT THE VIOLATION BE DISCONTINUED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 242(1)(2) through (4).

Defined terms: "Advisory organization" § 11-101
"Commissioner" § 1-101
"Insurer" § 1-101
"Rate" § 11-101
"Rating organization" § 11-101

11-222. GROUPS ENGAGED IN JOINT UNDERWRITING OR JOINT REINSURANCE.

(A) APPLICABILITY OF SUBTITLE.

EACH GROUP, ASSOCIATION, OR OTHER ORGANIZATION OF INSURERS THAT
ENGAGES IN JOINT UNDERWRITING OR JOINT REINSURANCE IS SUBJECT TO THIS
SUBTITLE WITH RESPECT TO ITS JOINT UNDERWRITING OR JOINT REINSURANCE
ACTIVITIES.

(B) UNFAIR OR UNREASONABLE ACTIVITIES OR PRACTICES.

IF, AFTER A HEARING, THE COMMISSIONER FINDS THAT AN ACTIVITY OR
PRACTICE OF A GROUP, ASSOCIATION, OR OTHER ORGANIZATION THAT ENGAGES
IN JOINT UNDERWRITING OR JOINT REINSURANCE IS UNFAIR, UNREASONABLE, OR
OTHERWISE INCONSISTENT WITH THIS SUBTITLE, THE COMMISSIONER MAY ISSUE A
WRITTEN ORDER THAT SPECIFIES THE WAYS IN WHICH THE ACTIVITY OR PRACTICE
IS UNREASONABLE, UNFAIR, OR OTHERWISE INCONSISTENT WITH THIS SUBTITLE
AND REQUIRES THAT THE ACTIVITY OR PRACTICE BE DISCONTINUED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 242(m).

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