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Session Laws, 2007
Volume 803, Page 1260   View pdf image
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Ch. 150 2007 Laws of Maryland
(c) (1) On finding a violation of this subtitle, the Commissioner may
require an insurer or nonprofit health service plan to make restitution to each claimant
who has suffered actual economic damage because of the violation. (2) [Restitution} subject to paragraph (3) of this
subsection. restitution may not exceed the amount of actual economic damage
sustained, subject to the limits of any applicable policy. (3) for a violation of 8 27-303(9) of this subtitle. the
commissioner may require restitution to an insured for the
following: (i) actual damages. which actual damages may not
exceed the limits of any applicable policy: (ii) expenses and litigation costs incurred by the
insured in pursuing an administrative complaint under § 27-303(9) of
this subtitle. including reasonable attorney's fees: and (iii) interest on all actual damages. expenses. and
litigation costs incurred by the insured computed: 1. at the rate allowed under § 11-107(a) of
the Courts Article: and 2. from the date on which the insured's claim
would have been paid if the insurer acted in good faith. (4) The amount of attorney's fees recovered from an
insurer under paragraph (3) of this subsection may not exceed
one-third of the actual damages recovered. Subtitle 10. Property and Casualty Insurance-First-Party Claims. 27-1001. (a) In this section, "good faith" means an informed judgment
based on honesty and diligence supported by evidence the insurer
knew or should have known at the time the insurer made a decision
on a claim. (b) This section applies only to actions under § 3-1701 of the
Courts Article.
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Session Laws, 2007
Volume 803, Page 1260   View pdf image
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