Ch. 35

1997 LAWS OF MARYLAND

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

15-211. NOTICE OF CLAIM.

(A) IN GENERAL.

EACH POLICY OF HEALTH INSURANCE SHALL CONTAIN THE FOLLOWING
PROVISION;

"NOTICE OF CLAIM: WRITTEN NOTICE OF CLAIM MUST BE GIVEN TO THE
INSURER WITHIN TWENTY (20) DAYS AFTER THE OCCURRENCE OR
COMMENCEMENT OF ANY LOSS COVERED BY THE POLICY, OR AS SOON
THEREAFTER AS IS REASONABLY POSSIBLE. NOTICE GIVEN BY OR ON BEHALF OF

THE INSURED OR THE BENEFICIARY TO THE INSURER AT ........ (INSERT THE

LOCATION OF SUCH OFFICE AS THE INSURER MAY DESIGNATE FOR THE PURPOSE),
OR TO ANY AUTHORIZED AGENT OF THE INSURER, WITH INFORMATION SUFFICIENT
TO IDENTIFY THE INSURED, SHALL BE DEEMED NOTICE TO THE INSURER."

(B) OPTIONAL PROVISION.

IN A POLICY THAT PROVIDES A LOSS-OF-TIME BENEFIT THAT MAY BE
PAYABLE FOR AT LEAST 2 YEARS, AN INSURER MAY INSERT THE FOLLOWING
PROVISION BETWEEN THE FIRST AND SECOND SENTENCES OF THE PROVISION SET
FORTH IN SUBSECTION (A) OF THIS SECTION:

"SUBJECT TO THE QUALIFICATIONS SET FORTH BELOW, IF THE INSURED
SUFFERS LOSS OF TIME ON ACCOUNT OF DISABILITY FOR WHICH INDEMNITY MAY
BE PAYABLE FOR AT LEAST TWO YEARS, HE SHALL, AT LEAST ONCE IN EVERY SIX (6)
MONTHS AFTER HAVING GIVEN NOTICE OF THE CLAIM, GIVE TO THE INSURER
NOTICE OF CONTINUANCE OF THE DISABILITY, EXCEPT IN THE EVENT OF LEGAL
INCAPACITY. THE PERIOD OF SIX (6) MONTHS FOLLOWING ANY FILING OF PROOF BY
THE INSURED OR ANY PAYMENT BY THE INSURER ON ACCOUNT OF SUCH CLAIM OR
ANY DENIAL OF LIABILITY IN WHOLE OR IN PART BY THE INSURER SHALL BE
EXCLUDED IN APPLYING THIS PROVISION. DELAY IN THE GIVING OF SUCH NOTICE
SHALL NOT IMPAIR THE INSURED'S RIGHT TO ANY INDEMNITY WHICH WOULD
OTHERWISE HAVE ACCRUED DURING THE PERIOD OF SIX (6) MONTHS PRECEDING
THE DATE ON WHICH SUCH NOTICE IS ACTUALLY GIVEN."

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 444.

The quoted language of subsections (a) and (b) of this section is the same as
the quoted language of former Art. 48A, § 444.

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

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