Md. Code Regs. 31.08.03.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 31.08.03.04 - Procedure and Requirements Regarding Cancellation or Nonrenewal

A notice of cancellation or nonrenewal sent by an insurer to its insured in accordance with Insurance Article, § 27-613, Annotated Code of Maryland, shall be sent by certified mail and shall, in addition to the statutory information required in the notice of cancellation or nonrenewal, include the following on the first page of the notice in 12-point bold type:

IMPORTANT

"Right of Protest"

The "Right of Protest" does not apply to cancellation or nonrenewal due to nonpayment of premium.

You may protest the action proposed by this notice as provided under Insurance Article, § 27-613, Annotated Code of Maryland. For your protest to be duly filed you, the named insured, must sign a copy of this notice and send it to:

Insurance Commissioner

Maryland Insurance Administration

200 St. Paul Place

Suite 2700

Baltimore, Maryland 21202

Fax Number 410-468-2307

within thirty (30) days after this notice was mailed to you. If your protest is not filed within the thirty (30) days, it cannot be considered by the Insurance Administration. Instead of mailing or faxing the signed notice, you may file your protest online via the Maryland Insurance Administration's website (www.insurance.maryland.gov) by uploading a signed copy at the following link:

https://enterprise.insurance.maryland.gov/consumer/ConsumerPortalWelcomePage.aspx

Your timely filed protest stays the action proposed by this notice. Accordingly, your insurance policy will remain in effect with the same coverages and premium that applied on the mailing date of the notice until a determination is made by the Commissioner. In order to keep your policy in effect, however, you must timely pay any authorized premium due or becoming due before the determination is issued.

The Insurance Commissioner will determine whether your protest has merit. You will then be notified in writing whether the proposed action is disallowed or your protest is dismissed.

If the protest is dismissed, you then have the right, within thirty (30) days after the mailing date of the determination, to request a hearing.

If you request a hearing, you will be notified in writing of the time and place of the hearing at least ten (10) days before the hearing. The Commissioner shall order the insurer to pay reasonable attorney fees incurred by you for representation at the hearing if the Commissioner finds that:

(1) the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with § 27-501 of the Insurance Article, the insurer's filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation or nonrenewal; and

(2) the insurer's conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute.

I protest the action proposed by the insurer.

My reasons for protesting the action are:

____________________________________________

Signed (Named Insured)_____________________ Date ________

Daytime Phone Number__________________________________

Md. Code Regs. 31.08.03.04

Regulation .04 adopted effective December 17, 1984 (11:25 Md. R. 2133)
Regulation .04 amended effective February 4, 1991 (18:2 Md. R. 149)
Regulation .04 amended effective March 14, 2005 (32:5 Md. R. 582)
Regulation .04 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1939); amended permanently effective March 13, 2006 (33:5 Md. R. 523); amended effective 48:4 Md. R. 176, eff. 2/22/2021; amended effective 48:23 Md. R. 982, eff. 11/15/2021