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Martin O'Malley, Governor H.B. 425
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(G) THE AMOUNT OF ATTORNEY'S FEES RECOVERED FROM AN INSURER
UNDER SUBSECTION (E) OF THIS SECTION MAY NOT EXCEED ONE-THIRD OF THE
ACTUAL DAMAGES RECOVERED.
(H) THE CLERK OF THE COURT SHALL FILE A COPY OF THE VERDICT OR
ANY OTHER FINAL DISPOSITION OF AN ACTION UNDER THIS SECTION WITH THE
MARYLAND INSURANCE ADMINISTRATION.
(G) (I) THIS SECTION DOES NOT LIMIT THE RIGHT OF ANY PERSON
TO MAINTAIN A CIVIL ACTION FOR DAMAGES OR OTHER REMEDIES OTHERWISE
AVAILABLE UNDER ANY OTHER PROVISION OF LAW.
(J) IF A PARTY TO THE PROCEEDING ELECTS TO HAVE THE CASE TRIED
BY A JURY IN ACCORDANCE WITH THE MARYLAND RULES, THE CASE SHALL BE
TRIED BY A JURY.
5-118.
FOR THE PURPOSES OF THIS SUBTITLE, THE FILING OF A COMPLAINT
WITH THE MARYLAND INSURANCE ADMINISTRATION IN ACCORDANCE WITH §
27-1001 OF THE INSURANCE ARTICLE SHALL BE DEEMED THE FILING OF AN
ACTION UNDER § 3-1701 OF THIS ARTICLE.
Article - Insurance
27-303.
It is an unfair claim settlement practice and a violation of this subtitle for an
insurer or nonprofit health service plan to:
(7) fail to meet the requirements of Title 15, Subtitle 10B of this
article for preauthorization for a health care service; [or]
(8) fail to comply with the provisions of Title 15, Subtitle 10A of this
article; OR
(9) FAIL TO ACT IN GOOD FAITH, AS DEFINED UNDER § 27-1001
OF THIS TITLE, IN SETTLING A FIRST-PARTY CLAIM UNDER A POLICY OF
PROPERTY AND CASUALTY INSURANCE.
27-304.
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- 4687 -
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