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31.08.08.00.htm 31.08.08.00. Title 31 MARYLAND INSURANCE ADMINISTRATION Subtitle 08 PROPERTY AND CASUALTY INSURANCE Chapter 08 Lead Poisoning Authority: Insurance Article, §2-109 and Title 19, Subtitle 7, Annotated Code of Maryland
31.08.08.01.htm 31.08.08.01. 01 Scope.. This chapter establishes requirements for liability insurance concerning lead hazards for affected property.
31.08.08.02.htm 31.08.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Affected Property;. a) "Affected property" means:. i) A residential rental property constructed before 1950 that contains not more than one rental dwelling unit;ii) A residential rental property that contains not more than one rental dwelling unit for which the owner makes an election under Environment Article, §6-803(a)2) Annotated Code of Maryland; or
31.08.08.03.htm 31.08.08.03. 03 Coverage.. A lead hazard exclusion contained in a contract of insurance issued or renewed on or after January 1, 1995, shall be waived with respect to an affected property which is covered under the policy to the extent of a qualified offer made or to be made under Environment Article, Title 6, Subtitle 8, Part V, Annotated Code of Maryland, if:A. The affected property is in compliance with the provisions of Environment Article, Title 6, Subtitle 8, Part III, Annotate
31.08.08.04.htm 31.08.08.04. 04 Claim.. If coverage exists, an insurer shall defend all claims for which the insured is potentially liable when a claim is made against an insured.
31.08.08.05.htm 31.08.08.05. 05 Deductible.. A. An authorized insurer providing lead hazard coverage under Insurance Article, §19-704, Annotated Code of Maryland:1) Shall offer the coverage without a deductible for the lead hazard coverage; and. 2) May offer the coverage with a deductible for the lead hazard coverage.. B. When an insurer pays a claim on the policy with a deductible, the:. 1) Insurer shall pay the claim, including any applicable deductible; and. 2) Insured shall reimburse the insurer for any amo
31.08.08.06.htm 31.08.08.06. 06 Cancellation, Nonrenewal, or Reimposition of an Exclusion.. A. An insurer may cancel or not renew lead hazard coverage or reimpose an exclusion only if the:. 1) Insured fails to:. a) Pay the applicable premium,. b) Provide reasonable access to the affected property for purposes of inspection for the presence or condition of lead by the insurer or the insurer's designee,c) Comply with the terms or conditions of the policy, or. d) Perform lead hazard reduction treatments as set
31.08.08.07.htm 31.08.08.07. 07 Notice of Cancellation, Nonrenewal, or Reimposition of an Exclusion.. A. If an insurer intends to not renew or cancel lead hazard coverage, or intends to reimpose a lead hazard exclusion, pursuant to Regulation .06B of this chapter, which is not at the request of the insured, the insurer shall give the insured written notice of this change. This notice shall include, at a minimum, the following information:1) The insurer intends to not renew or cancel lead
31.08.08.9999.htm 31.08.08.9999. Administrative History Effective date:. Regulations .01―05 adopted as an emergency provision effective November 30, 1994 (21:26 Md. R. 2181). Regulations .01―05 adopted effective March 13, 1995 (22:5 Md. R. 367). Chapter revised effective September 22, 1997 (24:19 Md. R. 1340) ―. Chapter recodified from COMAR 09.31.08 to COMAR 31.08.08, July 1998. Regulation .07A amended effective January 1, 2018 (44:4 Md. R. 256).
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