H.B. 692                                                 VETOES

Article - Insurance

Section 19-506

Annotated Code of Maryland

(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Insurance

19-506.

(a)     (1) If the first named insured does not wish to obtain the benefits
described in § 19-505 of this subtitle, the first named insured shall make an
affirmative written waiver of those benefits.

(2) If the first named insured does not make an affirmative written
waiver under this section, the insurer shall provide the coverage described in §
19-505 of this subtitle.

(b)     (1) A waiver made under this section constitutes a waiver of all the
benefits described in § 19-505 of this subtitle, whether provided under:

(i) the first named insured's policy;

(ii) any other motor vehicle liability insurance policy issued in the
State; or

(iii) another form of security used in place of a motor vehicle liability
insurance policy as authorized under § 17-103 of the Transportation Article.

(2)     Subject to paragraph (3) of this subsection, a waiver made under this
section is binding on the following individuals covered by the policy:

(i) each named insured;

(ii) each listed driver; and

(iii) each member of the first named insured's family residing in the
first named insured's household who is at least 16 years old.

(3)     An individual listed in paragraph (2)(ii) or (iii) of this subsection may
recover the benefits described in § 19-505 of this subtitle under another motor vehicle
liability insurance policy if that individual:

(i) is the first named insured under the other policy;

(ii) has not waived the benefits described in § 19-505 of this
subtitle under the other policy; and

(iii) is not a named insured under any other motor vehicle liability
insurance policy under which a waiver of the benefits described in § 19-505 of this
subtitle is in effect.

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