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Martin O'Malley, Governor Ch. 150
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(c) (1) Except as provided in paragraph (2) of this
subsection, a person may not bring or pursue an action under §
3-1701 of the courts article in a court unless the person complies
with this section.
(2) paragraph (1) of this subsection does not apply to an
action:
(i) within the small claim jurisdiction of the
District Court under § 4-405 of the Courts Article:
(II) if the insured and the insurer agree to waive
the requirement under paragraph (1) of this subsection: or
(iii) under a commercial insurance policy on a claim
with respect to which the applicable limit of liability exceeds
$1,000,000.
(d) (1) a complaint stating a cause of action under § 3-1701
of the Courts Article shall first be filed with the Administration.
(2) The complaint shall:
(I) be accompanied by each document that the
insured has submitted to the insurer for proof of loss:
(ii) specify the applicable insurance coverage and
the amount of the claim under the applicable coverage: and
(iii) state the amount of actual damages. and the
claim for expenses and litigation costs described under subsection
(e)(2) of this section.
(3) The Administration shall forward the filing to the
insurer.
(4) Within 30 days after the date the filing is forwarded
to the insurer by the administration. the insurer shall:
(I) file with the administration. except for good
cause shown, a written response together with a copy of each
document from the insurer's claim file that enables reconstruction
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- 1261 -
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