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2007 Vetoed Bills and Messages
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H.B. 425
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(1) (I) TO DETERMINE THE COVERAGE THAT EXISTS UNDER
THE INSURER'S INSURANCE POLICY; OR
(II) TO DETERMINE THE EXTENT TO WHICH THE INSURED IS
ENTITLED TO RECEIVE PAYMENT FROM THE INSURER FOR A COVERED LOSS;
(2) THAT ALLEGES THAT THE INSURER FAILED TO ACT IN GOOD
FAITH; AND
(3) THAT SEEKS, IN ADDITION TO THE ACTUAL DAMAGES UNDER
THE POLICY, TO RECOVER EXPENSES AND LITIGATION COSTS, AND INTEREST ON
THOSE EXPENSES OR COSTS, UNDER SUBSECTION (E) OF THIS SECTION.
(B) (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE
COURT TRIER OF FACT IN AN ACTION UNDER THIS SECTION FINDS IN FAVOR OF
THE INSURED AND FINDS THAT THE INSURER FAILED TO ACT IN GOOD FAITH,
THE INSURED MAY RECOVER FROM THE INSURER:
(1) ACTUAL DAMAGES, WHICH ACTUAL DAMAGES MAY NOT
EXCEED THE LIMITS OF THE APPLICABLE POLICY;
(2) EXPENSES AND LITIGATION COSTS INCURRED BY THE
INSURED IN AN ACTION UNDER THIS SECTION OR UNDER § 27-1001 OF THE
INSURANCE ARTICLE OR BOTH, INCLUDING REASONABLE ATTORNEY'S FEES;
AND
(3) INTEREST ON ALL EXPENSES ACTUAL DAMAGES, EXPENSES,
AND LITIGATION COSTS INCURRED BY THE INSURED, COMPUTED:
(I) AT THE RATE ALLOWED UNDER § 11-107(A) OF THIS
ARTICLE; AND
(II) FROM THE DATE THE CLAIM THAT WAS THE SUBJECT OF
THE CIVIL ACTION WAS SUBMITTED TO THE INSURED OR THE AGENT OF THE
INSURED ON WHICH THE INSURED'S CLAIM WOULD HAVE BEEN PAID IF THE
INSURER ACTED IN GOOD FAITH.
(F) AN INSURER MAY NOT BE FOUND TO HAVE FAILED TO ACT IN GOOD
FAITH UNDER THIS SECTION SOLELY ON THE BASIS OF DELAY IN DETERMINING
COVERAGE OR THE EXTENT OF PAYMENT TO WHICH THE INSURED IS ENTITLED
IF THE INSURER ACTED WITHIN THE TIME PERIOD SPECIFIED BY STATUTE OR
REGULATION FOR INVESTIGATION OF A CLAIM BY AN INSURER.
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- 4686 -
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