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Session Laws, 1997
Volume 795, Page 987   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

OF ALL LIKE INDEMNITIES FOR SUCH LOSS, AND FOR THE RETURN OF SUCH
PORTION OF THE PREMIUM PAID AS SHALL EXCEED THE PRO RATA PORTION FOR
THE INDEMNITIES THUS DETERMINED."

(B) CAPTION.

THE PHRASE "— OTHER BENEFITS" SHALL BE ADDED TO THE CAPTION OF THE
PROVISION SET FORTH IN SUBSECTION (A) OF THIS SECTION IF THE PROVISION IS
INCLUDED IN A POLICY THAT CONTAINS THE POLICY PROVISION SET OUT IN § 15-222
OF THIS SUBTITLE.

(C) DEFINITION OF "OTHER VALID COVERAGE".

(1) A BENEFIT PROVIDED FOR THE INSURED UNDER A COMPULSORY
BENEFIT STATUTE, INCLUDING A WORKERS' COMPENSATION OR EMPLOYER'S
LIABILITY STATUTE, WHETHER PROVIDED BY A GOVERNMENTAL UNIT OR
OTHERWISE, SHALL BE CONSIDERED "OTHER VALID COVERAGE" OF WHICH THE
INSURER HAS HAD NOTICE.

(2) THE INSURER MAY INCLUDE IN THE PROVISION SET FORTH IN
SUBSECTION (A) OF THIS SECTION A DEFINITION OF "OTHER VALID COVERAGE" IF
THE DEFINITION:

(I) IS APPROVED AS TO FORM BY THE COMMISSIONER; AND

(II) IS LIMITED TO:

1. COVERAGE PROVIDED BY ORGANIZATIONS SUBJECT TO
REGULATION BY INSURANCE LAW OR INSURANCE AUTHORITIES OF THIS STATE,
ANOTHER STATE, OR A PROVINCE OF CANADA; AND

2. ANY OTHER COVERAGE THE COMMISSIONER MAY
APPROVE FOR INCLUSION.

(3) UNLESS DEFINED OTHERWISE, "OTHER VALID COVERAGE" DOES
NOT INCLUDE:

(I) GROUP INSURANCE; OR

(II) COVERAGE PROVIDED BY UNION WELFARE PLANS OR BY
EMPLOYER OR EMPLOYEE BENEFIT ORGANIZATIONS.

(4) "OTHER VALID COVERAGE" MAY NOT INCLUDE THIRD PARTY
LIABILITY COVERAGE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art, 48A, § 457(a).

The quoted language of subsection (a) of this section is the same as the
quoted language of former Art. 48A, § 457(a).

In subsection (c)(1) of this section, the former phrase "[f]or the purpose of
applying the foregoing policy provision with respect to any insured" is deleted
as surplusage. Similarly, the former reference to "any amount of benefit and

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Session Laws, 1997
Volume 795, Page 987   View pdf image
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