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Ch. 150 2007 Laws of Maryland
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of the insurer's activities relative to the insured's claim, including
documentation of each pertinent communication, transaction, note,
work paper, claim form, bill, and explanation of benefits form
relative to the claim; and
(ii) mail to the insured a copy of the response and.
except for good cause shown, each document from the insurer's
claim file that enables reconstruction of the insurer's activities
relative to the insured's claim, including documentation of each
pertinent communication, transaction, note, workpaper, claim form,
bill, and explanation of benefits form relative to the claim.
(E) (1) (I) Within 90 days after the date the filing was
received by the administration. the administration shall issue a
decision that determines:
1. whether the insurer is obligated under
the applicable policy to cover the underlying first-party claim:
2. the amount the insured was entitled to
receive from the insurer under the applicable policy on the
underlying covered first-party claim;
3. whether the insurer breached its
obligation under the applicable policy to cover and pay the
underlying covered first-party claim. as determined by the
administration:
4. whether an insurer that breached its
obligation failed to act in good faith; and
5. the amount of damages, expenses,
litigation costs. and interest, as applicable and as authorized under
paragraph (2) of this subsection.
(ii) the failure of the administration to issue a
decision within the time specified in subparagraph (i) of this
paragraph shall be considered a determination that the insurer did
not breach any obligation to the insured.
(2) With respect to the determination of damages under
paragraph (1)(I)5 of this subsection:
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- 1262 -
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