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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - MARYLAND

Maryland State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 166

159

Workers' compensation - benefits, claims or treatments

Alters the timing of specified requirements for employers or insurers to pay benefits or to contest claims; alters the time period in which the Commission is required to deny or approve an award after it receives a claim and to assess fines. Effective: July 1, 2006.

HB 191

163

Workers' compensation - self-insurance

Increases maximum limits on the amount that the Workers Compensation Commission may assess governmental self-insurance groups and self-insured employers; relates to actuarial studies and audits. Effective: July 1, 2006.

HB 245

564

Rate regulation

Alters the annual property and casualty insurance premium dollar amount threshold above which specified insurance policy forms and endorsements issued to specified commercial policyholders are exempt from specified form filing requirements under prior approval insurance rating law; alters the definition of exempt commercial policyholder. Effective: Oct. 1, 2006.

HB 246

83

Producer licensure - licensing requirements

Removes provisions of law relating to the issuance of a temporary license to act as an insurance producer for property insurance or casualty insurance to an individual who has been licensed in another state and to act as an insurance producer for life or health insurance. Effective: Oct. 1, 2006.

HB 285

454

Property insurance

Prohibits an insurer, with respect to homeowner's insurance, from refusing to underwrite a risk or canceling or refusing to renew coverage based in whole or in part on claims filed by a previous owner of the property to be insured or that is insured unless the refusal to underwrite, cancellation, or refusal to renew is based on a physical inspection of the property or on inquiries by a policyholder or an insured that do not result in payment. Effective: Oct. 1, 2006.

HB 524

329

Motor vehicle insurance - traffic offenses

Relates to a second or subsequent violation of the offense of driving without a license; authorizes a law enforcement officer to arrests an individual for driving without a license; includes the offense of attempting to drive without a license; provides for penalties. Effective: Oct. 1, 2006.

HB 570

580

Property insurance

Alters requirements relating to specified binders or insurance policies; makes specified binders or insurance policies subject to an underwriting period; altering requirements for insurers to give notice in a specified manner of an intention to cancel or not to renew insurance policies; alters the time period in which an insurer is required to issue a policy or provide notice of cancellation of a binder; requires insurers to maintain a certain proof of mailing in a certain form. Effective: Jan. 1, 2007.

HB 597

182

Producer licensure - agent practices

Prohibits an insurance producer, employee of such producer or other person from accepting any valuable consideration as an inducement to facilitate an agreement to finance a certain insurance premium that contains an assignment of or is otherwise secured by the unearned premium or refund obtainable from an insurer on cancellation of an insurance contract. Effective: Oct. 1, 2006.

HB 760

350

Motor vehicle insurance - auto coverage issues

Provides that specified insurers may cancel, fail to renew, or reduce coverage under a binder or policy of private passenger motor vehicle insurance under specified circumstances; alters the contents of a specified notice of proposed action; requires an insurer's statement of actual reason for a proposed action to include a brief statement of the basis for the action; specifies the minimum contents of the statement; alters the amount an interest an insurer is required to pay to an insured. Effective: Jan. 1, 2007.

HB 868

476

Workers' compensation - state oversight

Relates to provider panels for workers compensation; prohibits a health insurance carrier that uses a provider panel from requiring a provider, as a condition of participation, to also serve on a provider panel for workers' compensation; prohibits a carrier from terminating, limiting or impairing a contract or employment based on a provider's decision not to serve; requires a disclosure in contracts and agreements; does not authorizes a provider to terminate a specified insurance carrier agreement. Effective: July 1, 2006.

HB 1005

369

Workers' compensation - miscellaneous

Provides that certain civil defense volunteers are covered employees as relates to workers' compensation coverage; designates the State as the employer for these covered employees; repeals provisions under workers' compensation law that exclude workers' compensation coverage for volunteers from specified counties; requires volunteers who are covered employees to meet specified qualifications as a condition of receiving benefits; provides that each party state shall provide for payment of compensation. Effective: Oct. 1, 2006.

HB 1035

601

Workers' compensation - disputes and settlements

Provides that a certain officer of a corporation that does not have sufficient assets to satisfy workers' compensation awards and assessments owed by the corporation is jointly and severally liable for those payments; provides that a certain member of a limited liability company that does not have sufficient assets to satisfy workers' compensation awards and assessments owed by the company is jointly and severally liable. Effective: Oct. 1, 2006.

HB 1261

388

Catastrophe related legislation

Requires insurers to provide a statement notifying homeowners of optional flood insurance; requires insurer's statement that the standard homeowner's insurance policy does not cover losses from flood, whether the policy provides for replacement costs and that a flood insurance claim may be adjusted and paid on a different basis; provides that such statement does not create a private right of action; requires notification that flood insurance may be available through the National Flood Insurance Program. Effective: Jan. 1, 2007.

HB 1288

615

Credit regulation

Clarifies that certain lenders and credit grantors may not require a borrower, as a condition to receiving or maintaining certain loans, to provide or purchase certain insurance coverage in an amount exceeding the replacement cost of the improvements on real property; clarifies the manner in which certain lenders and credit grantors may determine the replacement cost of improvements on real property that secures certain loans made by the lenders and credit grantors. Effective: Oct. 1, 2006.

HB 1387

393

Property insurance

Requires insurers that intend to increase the premium for a policy of homeowner's insurance to notify the insured prior to the renewal date in a specified manner; provides that personal insurance means property or casualty insurance issued to a person, trust or estate. Effective: Jan. 1, 2007.

HB 1600

410

Fraud

Requires the Insurance Fraud Division to assist local and state law enforcement agencies in the prosecution of automobile theft; provides for referral of suspected cases to the Office of the Attorney General; provides for notification of gross overutilization of health care services and insurance fraud related to workers' compensation; provides for establishment of motor vehicle insurance rates; relates to use of territory in establishing automobile insurance rates. Effective: Oct. 1, 2006.

SB 119

72

E-Commerce

Repeals the digital signature pilot program and related provisions of law. Effective: Oct. 1, 2006.

SB 251

514

Corporate governance -- investments

Repeals a specified limitation on the interest allowed on a specified loan or advance made to a stock insurer; requires that the instrument evidencing a certain loan to a stock insurer or mutual insurer be approved in a certain manner by the Maryland Insurance Commissioner and contain certain provisions; provides that a specified loan or advance and any interest on it made to a mutual insurer is payable only out of the surplus remaining after the mutual insurer provides for all other liabilities. Effective: Oct. 1, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.