Md. Code Regs. 31.16.01.01

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

Section 31.16.01.01 - Disclosure Requirements

In order to inform and better protect the public, the following regulation is adopted:

A. Every agent writing insurance business, or broker placing this business, with a mutual insurance company or reciprocal insurer issuing assessable policies shall clearly explain to the prospective policyholder the assessable nature of the policy and its possible effects in the event of insolvency.

B. Every policy, renewal certificate, bill, statement, invoice, or premium receipt book issued by any agent, broker, mutual company, or reciprocal insurer relating to the sale of an assessable policy shall contain on it the following legend which shall be prominently displayed in bold red type:

Important Notice

You have purchased an assessable insurance policy. In the event the insurance company writing this policy should become unable for any reason to pay its liabilities, you could be subject to an assessment as set forth in your policy or as provided by statute. If you have any questions, please ask your insurance agent or broker.

C. Exemption.

(1) Section B of this regulation does not apply to any business written or placed in an insurer writing property and casualty insurance other than vehicle liability or vehicle physical damage insurance when the insurer writing the business:

(a) Has a surplus of at least $200,000, as shown in its annual statement for the prior year and any examination as of a later date; and

(b) Has premium writings during the prior year, net of reinsurance ceded, which do not exceed two times the amount of the insurer's surplus shown on the statement or examination.

(2) However, whenever the insurer's net premium writings for a current year exceed two times its surplus as shown on the prior year's annual statement or later examination, the legend referred to in §B of this regulation shall be required to be affixed as aforesaid for the remainder of the current calendar year and during the following calendar year.

Md. Code Regs. 31.16.01.01