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PARRIS N. GLENDENING, Governor
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S.B. 173
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(i) the proposed action to be taken, including:
1. for a premium increase, the amount of the increase and
the type of coverage to which it is applicable; and
2. for a reduction in coverage, the type of coverage reduced
and the extent of the reduction;
(ii) the proposed effective date of the action;
(iii) subject to paragraph (4) of this subsection, the actual reason of
the insurer for proposing to take the action;
(iv) if there is coupled with the notice an offer to continue or renew
the policy in accordance with § 27-606 of this subtitle:
1. the name of the individual or individuals to be excluded
from coverage; and
2. the premium amount if the policy is continued or renewed
with the named individual or individuals excluded from coverage;
(v) the right of the insured to replace the insurance through the
Maryland Automobile Insurance Fund and the current address and telephone number
of the Fund;
(vi) the right of the insured to protest the proposed action of the
insurer and, except in the case of a premium increase that is consistent with the
insurer's surcharge plan as filed with the Commissioner and authorized under the
applicable provisions of Title 11 of this article, request a hearing before the
Commissioner on the proposed action by signing two copies of the notice and sending
them to the Commissioner within 30 days after the mailing date of the notice;
(vii) that if a protest is filed by the insured, the insurer must
maintain the current insurance in effect until a final determination is made by the
Commissioner, subject to the payment of any authorized premium due or becoming
due before the determination; and
(viii) the authority of the Commissioner to award reasonable
attorney fees to the insured for representation at a hearing if the Commissioner finds
the proposed action of the insurer to be unjustified.
(4) (i) The insurer's statement of actual reason for proposing to take
an action subject to this section must be sufficiently clear and specific so that an
individual of average intelligence can identify the basis for the insurer's decision
without making further inquiry.
(ii) The use of generalized terms such as "personal habits", "living
conditions", "poor morals", or "violation or accident record" does not meet the
requirements of this paragraph.
(C) AT LEAST 10 DAYS BEFORE THE DATE AN INSURER PROPOSES TO CANCEL
A POLICY FOR NONPAYMENT OF PREMIUM, THE. INSURER SHALL CAUSE TO BE SENT
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- 3743 -
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