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.

C. If the defendant insurer elects to withhold any document or evidence from its responsive filing, the defendant insurer shall submit, along with its responsive filing, an index listing each document that is being withheld, in a manner sufficient to identify the document or evidence, and the basis for withholding the document.

D. In-Camera Inspection.

(1) If the defendant insurer elects to withhold any document or evidence from its responsive filing, the defendant insurer shall submit, along with its responsive filing and the index required under §C of this regulation, a copy of each document listed on the index for in-camera inspection by the Administration.

(2) Each copy of each document or evidence submitted to the Administration for in-camera inspection shall be clearly stamped “Withheld for Good Cause”.

(3) All copies submitted to the Administration for in-camera inspection shall be placed in a separate, sealed envelope that includes the case name and MIA filing number and that is marked “Documents Withheld by Defendant Insurer [Name of Insurer] for Good Cause”.

E. The defendant insurer shall file an original and one copy of its responsive filing and the index required under §C of this regulation, along with an electronic copy of the responsive filing and the index on a CD-ROM formatted in PDF (Portable Document Format). The CD-ROM submitted by the defendant insurer may not include the documents submitted to the Administration for in-camera inspection under §D of this regulation.

F. The defendant insurer’s responsive filing and the index and documents required under §§C and D of this regulation shall be filed with the Administration by:

(1) First-class mail addressed to the Hearing and Appeals Clerk, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, Maryland 21202;

(2) A commercial overnight delivery service addressed to the Hearing and Appeals Clerk at the Administration’s official street address; or

(3) Hand delivery addressed to the Hearing and Appeals Clerk between the hours of 8 a.m. and 4 p.m. at the official street address of the Administration.

G. The responsive filing and the index required under §C of this regulation shall be filed in an envelope marked in bold print in the lower corner “27-1001 Responsive Filing”.

H. The documents submitted to the Administration for in-camera inspection under §D of this regulation are not required to be included in the materials sent to the insured under Insurance Article, §27-1001(d)(4)(ii), Annotated Code of Maryland.