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Session Laws, 1997
Volume 795, Page 974   View pdf image
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Ch. 35

1997 LAWS OF MARYLAND

WHENEVER A POLICY PROVISION THAT IS SUBJECT TO THIS SUBTITLE
CONFLICTS WITH A PROVISION OF THIS SUBTITLE, THE RIGHTS, DUTIES, AND
OBLIGATIONS OF THE INSURER, INSURED, AND BENEFICIARY SHALL BE GOVERNED
BY THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 467.

In subsection (b) of this section, the former reference to a policy that is
delivered or issued for delivery "to any person" in the State is deleted as
implicit.

Defined terms: "Insurer" § 1-101
"Policy" § 1-101

15-207. ENTIRE CONTRACT; CHANGES.

EACH POLICY OF HEALTH INSURANCE SHALL CONTAIN THE FOLLOWING
PROVISION:

"ENTIRE CONTRACT; CHANGES: THIS POLICY, INCLUDING THE ENDORSEMENTS
AND THE ATTACHED PAPERS, IF ANY, CONSTITUTES THE ENTIRE CONTRACT OF
INSURANCE. NO CHANGE IN THIS POLICY SHALL BE VALID UNTIL APPROVED BY AN
EXECUTIVE OFFICER OF THE INSURER AND UNLESS SUCH APPROVAL BE ENDORSED
HEREON OR ATTACHED HERETO. NO AGENT HAS AUTHORITY TO CHANGE THIS
POLICY OR TO WAIVE ANY OF ITS PROVISIONS."

REVISOR'S NOTE: This section formerly was Art. 48A, § 440.

The quoted language of this section is the same as the quoted language of
former Art. 48A, § 440.

The only changes are in style.

Defined terms: "Health insurance" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Policy" § 1-101

15-208. TIME LIMIT ON SPECIFIED DEFENSES.

(A) TWO-YEAR LIMIT ON MISREPRESENTATION.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH POLICY OF
HEALTH INSURANCE SHALL CONTAIN THE FOLLOWING PROVISION:

"TIME LIMIT ON CERTAIN DEFENSES: (1) AFTER TWO YEARS FROM THE DATE
OF ISSUE OF THIS POLICY NO MISSTATEMENTS, EXCEPT FRAUDULENT
MISSTATEMENTS, MADE BY THE APPLICANT IN THE APPLICATION FOR SUCH POLICY
SHALL BE USED TO VOID THE POLICY OR TO DENY A CLAIM FOR LOSS INCURRED OR
DISABILITY (AS DEFINED IN THE POLICY) COMMENCING AFTER THE EXPIRATION OF
SUCH TWO-YEAR PERIOD."

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Session Laws, 1997
Volume 795, Page 974   View pdf image
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