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Martin O'Malley, Governor H.B. 425
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(III) INTEREST ON ALL ACTUAL DAMAGES, EXPENSES, AND
LITIGATION COSTS INCURRED BY THE INSURED COMPUTED:
1. AT THE RATE ALLOWED UNDER § 11-107(A) OF
THE COURTS ARTICLE; AND
2. FROM THE DATE ON WHICH THE INSURED'S CLAIM
WOULD HAVE BEEN PAID IF THE INSURER ACTED IN GOOD FAITH.
(4) THE AMOUNT OF ATTORNEY'S FEES RECOVERED FROM AN
INSURED INSURER UNDER PARAGRAPH (3) OF THIS SUBSECTION MAY NOT
EXCEED ONE-THIRD OF THE ACTUAL DAMAGES RECOVERED.
SUBTITLE 10. PROPERTY AND CASUALTY INSURANCE - FIRST-PARTY CLAIMS.
27-1001.
(A) IN THIS SECTION, "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.
(B) THIS SECTION APPLIES ONLY TO ACTIONS UNDER § 3-1701 OF THE
COURTS ARTICLE.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A PERSON MAY NOT BRING OR PURSUE AN ACTION UNDER §
3-1701 OF THE COURTS ARTICLE IN A COURT UNLESS THE PERSON COMPLIES
WITH THIS SECTION.
(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 THE COURTS 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.
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- 4689 -
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