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Martin O'Malley, Governor Ch. 150
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(b) (1) at least 30 days before-filing an action under this
insured's intent to file the action.
insured's claim against the insurer and state the amount of the
settlement offer.
(D) This section applies only in a civil action:
(1) (I) to determine the coverage that exists under
the insurer's insurance policy; or
(ii) to determine the extent to which the insured is
entitled to receive payment from the insurer for a covered loss:
(2) That alleges that the insurer failed to act in good
faith: and
(3) That seeks, in addition to the actual damages under
the policy. to recover expenses and litigation costs. and interest on
those expenses or costs. under subsection (e) of this section.
(B) (C) (e) notwithstanding any other provision of law, if the
court trier of fact in an action under this section finds in favor of
the insured and finds that the insurer failed to act in good faith
acted in bad faith failed to act in good faith. the insured may
recover from the insurer:
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(1) Actual damages, which may not exceed, the coverage
that exists under the insurer's policy actual damages may not
exceed the limits of the applicable policy:
(2) noneconomic damages;
(3) Consequential damages;
(1) (4) Expenses and litigation costs incurred by the
insured in an action under this section or under § 27-1001 of the
Insurance Article or both, including reasonable attorney's fees;
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and
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- 1257 -
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