|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Martin O'Malley, Governor H.B. 425
|
|
|
|
|
|
|
|
|
|
(4) "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.
(5) "INSURER" HAS THE MEANING STATED IN § 1-101 OF THE
INSURANCE ARTICLE.
(6) "PROPERTY INSURANCE" HAS THE MEANING STATED IN §
1-101 OF THE INSURANCE ARTICLE.
(B) THIS SUBTITLE APPLIES ONLY TO FIRST-PARTY CLAIMS UNDER
PROPERTY AND CASUALTY INSURANCE POLICIES ISSUED, SOLD, OR DELIVERED
IN THE STATE.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A PARTY MAY NOT FILE AN ACTION UNDER THIS SUBTITLE BEFORE
THE DATE OF A FINAL DECISION UNDER § 27-1001 OF THE INSURANCE
ARTICLE.
(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 THIS 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.
(A) (D) THIS SECTION APPLIES IN A CIVIL ACTION FILED BY AN
INSURED AGAINST ITS INSURER OR BY AN INSURER AGAINST ITS INSURED TO
DETERMINE:
|
|
|
|
|
|
|
|
|
|
(1) THE COVERAGE THAT EXISTS UNDER THE INSURER'S
INSURANCE POLICY; OR
|
|
|
|
|
|
|
|
|
|
(2) THE EXTENT TO WHICH THE INSURED IS ENTITLED TO
RECEIVE PAYMENT FROM THE INSURER FOR A COVERED LOSS ONLY IN A CIVIL
ACTION:
|
|
|
|
|
|
|
|
|
|
- 4685 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
