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Martin O'Malley, Governor
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H.B. 425
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House Bill 425
AN ACT concerning
Civil Actions - Liability of Insurer - Failure to Act in Good Faith
FOR the purpose of authorizing the recovery by an insured, in certain civil actions
between an insured and an insurer, of actual damages, expenses, litigation
costs, and interest in first-party claims against property and casualty insurers
under certain circumstances; requiring the court to make certain findings before
the insured may recover certain damages, expenses, costs, and interest from the
insurer; providing that the interest is to be computed at a certain rate and from
a certain date; requiring a clerk of a court to file a copy of certain verdicts and
other dispositions with the Maryland Insurance Administration; providing that
a failure to act in good faith under certain circumstances constitutes an unfair
claim settlement practice for certain purposes; providing for certain penalties;
providing for certain restitution in certain proceedings under certain
circumstances: providing for certain procedures; providing for a certain appeal
to a circuit court from a final decision under certain circumstances; providing
for the tolling of certain limitations under certain circumstances; requiring the
Administration to report annually on certain matters to the General Assembly
on or before a certain date: defining certain terms: providing for the application
of this Act; and generally relating to a civil cause of action between an insured
and an insurer. certain proceedings concerning property and casualty insurers
who fail to act in good faith in settling a first-party claim under certain
circumstances.
BY repealing and reenacting, with amendments,
Article 1 - Rules of Interpretation
Section 32
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
BY adding to
Article — Courts and Judicial Proceedings
Section 3-1701 to be under the new subtitle "Subtitle 17. Liability of Insurer";
and 5-118
Annotated Code of Maryland
(2006 Replacement Volume)
BY repealing and reenacting, with amendments,
Article - Insurance
Section 27-303(7) and (8), 27-304(16) and (17), and 27-305(a) and (c)
Annotated Code of Maryland
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(2006 Replacement Volume and 2006 Supplement)
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- 4683 -
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