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Session Laws, 2004
Volume 801, Page 943   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 255

(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.

(c)     A waiver made under this section is not effective unless, prior to the
waiver, the insurer gives the first named insured written notice of the nature, extent,
and cost of the coverage described in § 19-505 of this subtitle.

(d)     (1) A waiver made under this section shall be made on the form that the
Commissioner requires.

(2)     The form may be part of the insurance contract.

(3)     The form shall clearly and concisely explain in 10 point boldface type:

(i) the nature, extent, and cost of the coverage that would be
provided under the policy if not waived by the first named insured;

(ii) each effect of a waiver as stated in subsection (b) of this section;
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Session Laws, 2004
Volume 801, Page 943   View pdf image
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