Md. Code Regs. 14.09.12.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.09.12.02 - Notices of Insurance, Cancellation, Reinstatement, and Election of Coverage

A. Notice of Insurance. When an insurance policy is issued or renewed, the insurer issuing or renewing it shall file a notice of insurance with the Commission designee within 45 days after the effective date of the policy.

B. Notice of Cancellation.

(1) Required Filing. When an insurance policy is cancelled by the insurer or by the insured, the insurer shall file a notice of cancellation with the Commission designee.

(2) Time for Filing.

(a) Cancellation by Insurer.

(i) If the insurer cancels the insurance policy for nonpayment of premium, the notice of cancellation shall be filed at least 10 days before the effective date of the cancellation, in compliance with Insurance Article, § 19-406(f), Annotated Code of Maryland.

(ii) If the insurer cancels the insurance policy for any other reason, the notice of cancellation shall be filed at least 45 days before the effective date of the cancellation, in compliance with Insurance Article, § 19-406(a), Annotated Code of Maryland.

(b) Cancellation by Insured. When the cancellation is initiated by the insured, the notice of cancellation shall be filed by the insurer within 15 days after the effective date of the cancellation.

C. Notice of Reinstatement - Time of Filing. When an insurance policy is reinstated, the insurer shall file a notice of reinstatement with the Commission designee within 15 days after the effective date of the reinstatement.

D. Notice of Insurance, Cancellation, and Reinstatement-Form and Content. A notice of insurance, cancellation, or reinstatement shall contain all the following information:

(1) The employer's name;

(2) All names under which the employer trades;

(3) All nontemporary business addresses of the employer in Maryland;

(4) The employer's federal identification number or, if the employer is not required to have a federal identification number, the last four digits of the employer's social security number;

(5) The insurance policy number; and

(6) The policy period.

E. Notice of Election of Inclusion or Exemption of Coverage.

(1) A person may elect to be a covered employee by filing a notice of election with the Commission and with the insurer.

(2) The following types of persons may elect to be covered employees:

(a) Pursuant to Labor and Employment Article, § 9-227(b), Annotated Code of Maryland, sole proprietors; and

(b) Pursuant to Labor and Employment Article, § 9-219(b), Annotated Code of Maryland, partners.

(3) A person may elect to be exempt from coverage as an employee by filing a notice of election with the Commission and the insurer.

(4) The following types of persons may elect to be exempted from coverage:

(a) Pursuant to Labor and Employment Article § 9-206(b)(1), officers of a closed corporation;

(b) Pursuant to Labor and Employment Article § 9-206(b)(2) and (c), officers of a corporation, other than closed corporation;

(c) Pursuant to Labor and Employment Article § 9-206(b)(3) and (4), officers of a farm corporation or professional services corporation; and

(d) Pursuant to Labor and Employment Article § 9-206(b)(5), members of a limited liability company.

(5) If an employer changes insurers, a person shall file a new notice of election with the Commission and with the new insurer.

Md. Code Regs. 14.09.12.02

Effective date: 41:4 Md. R. 303, eff.3/3/2014 ; amended effective 42:26 Md. R. 1596, eff.1/7/2016; amended effective 45:5 Md. R. 288, eff. 3/12/2018; amended effective 47:4 Md. R. 263, eff. 2/24/2020; amended effective 48:20 Md. R. 890, eff. 10/18/2021