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31.15.15.00.htm 31.15.15.00. Title 31 MARYLAND INSURANCE ADMINISTRATION Subtitle 15 UNFAIR TRADE PRACTICES Chapter 15 Liability of Insurer ― Failure to Act in Good Faith Authority: Courts and Judicial Proceedings Article, §3-1701; Insurance Article, §2-109(a)1) and 27-1001; Annotated Code of Maryland
31.15.15.01.htm 31.15.15.01. 01 Purpose.. A. The purpose of this chapter is to:. 1) Establish the procedures for filing and processing civil complaints against property and casualty insurers and insurers that offer disability insurance that are required to be filed with the Administration pursuant to Insurance Article, §27-1001, Annotated Code of Maryland; and2) Require property and casualty insurers and insurers that offer disability insurance that are the subject of a civil action described in Courts and
31.15.15.02.htm 31.15.15.02. 02 Applicability and Scope.. A. This chapter is applicable to all insurers that issue, sell, or deliver a policy of property and casualty insurance, and insurers that issue, sell, or deliver a policy of individual disability insurance, that includes first-party coverage in this State.B. This chapter applies to:. 1) All civil complaints purporting to state a cause of action under Courts and Judicial Proceedings Article, §3-1701, Annotated Code of Maryland, that
31.15.15.03.htm 31.15.15.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “27-1001 filing” means the complaint and supporting documentation filed by the plaintiff that are submitted to the Administration pursuant to Insurance Article, §27-1001(d)1) and (2) Annotated Code of Maryland.2) “Complaint” means a written document that purports to state a cause of action under Courts and Judicial Proceedings Article, §3-1701, Annotated Code of Maryland.
31.15.15.04.htm 31.15.15.04. 04 Filing the Complaint.. A. Plaintiff Filing a Complaint.. 1) A plaintiff filing a complaint that is required to be filed with the Administration in accordance with Insurance Article, §27-1001, Annotated Code of Maryland, shall submit the complaint to the Administration in accordance with the following procedures:a) The complaint shall include the information and be accompanied by the documents identified in Insurance Article, §27-1001(d)2) Annotated Code of Maryland;
31.15.15.05.htm 31.15.15.05. 05 Defendant Insurer’s Responsive Filing.. A. Not later than 30 days after the Administration forwards the 27-1001 filing to the defendant insurer, the defendant insurer shall file a responsive filing with the Administration and mail a copy of it to the plaintiff.B. The defendant insurer may, for good cause, withhold any document or evidence from its responsive filing that is required to be filed under Insurance Article §27-1001(d)4) Annotated Code of Maryland.
31.15.15.06.htm 31.15.15.06. 06 Administration’s Review.. A. The Administration shall review each document or other evidence that the defendant insurer has submitted to the Administration for in-camera inspection under Regulation .05D of this chapter.B. If the Administration determines that any document or other evidence that the defendant insurer has withheld for good cause is not subject to a privilege or doctrine recognized by statute or other State law and the reason asserted for its withhold
31.15.15.07.htm 31.15.15.07. 07 Duties of Defendant Insurers.. A. Each property and casualty insurer and insurers that offer individual disability insurance that issue, sell, or deliver a policy that includes first-party coverage in the State shall designate a person authorized to receive 27-1001 filings from the Administration.B. Each Insurer to which this chapter applies shall notify the Administration of the name and address of the defendant insurer’s 27-1001 filing designee.C. An insurer that fails
31.15.15.9999.htm 31.15.15.9999. Administrative History Effective date: March 27, 2017 (44:6 Md. R. 328).
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