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§ 19-513. Restrictions relating to recovery of benefits

West's Annotated Code of MarylandInsuranceEffective: October 1, 2017

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 19. Property and Casualty Insurance
Subtitle 5. Motor Vehicle Insurance--Primary Coverage (Refs & Annos)
Effective: October 1, 2017
MD Code, Insurance, § 19-513
§ 19-513. Restrictions relating to recovery of benefits
Currentness
Benefits provided by nonprofit health service plans or authorized insurers
(a) This section does not prohibit a nonprofit health service plan or an authorized insurer, with the approval of the Commissioner, from providing medical, hospital, and disability benefits in connection with motor vehicle accidents.
Benefits from more than one policy or insurer on duplicative or supplemental basis
(b)(1) Notwithstanding any other provision of this subtitle, a person may not recover benefits under the coverages described in §§ 19-504, 19-505, 19-509, 19-509.1, and 19-512 of this subtitle from more than one motor vehicle liability insurance policy or insurer on a duplicative basis.
(2) Except as provided in § 19-509.1 of this subtitle, and notwithstanding any other provision of this subtitle, a person may not recover benefits under the coverages described in §§ 19-504, 19-505, 19-509, and 19-512 of this subtitle from more than one motor vehicle liability insurance policy or insurer on a supplemental basis.
Payment of benefits to individuals injured in motor vehicle accidents
(c)(1) The insurer of a motor vehicle for which the coverage described in § 19-505 of this subtitle is in effect shall pay the benefits described in § 19-505 of this subtitle to an individual who is injured in a motor vehicle accident:
(i) while occupying the insured motor vehicle; or
(ii) by the insured motor vehicle as a pedestrian, while in, on, or alighting from a vehicle powered by animal or muscular power, or while on or alighting from an animal.
(2) An insurer may not pay benefits under paragraph (1) of this subsection to an individual who is in violation of § 17-103 of the Transportation Article.
Benefits and coverages described in §§19-505 and 19-509
(d)(1) The insurer under a policy that contains the coverages described in §§ 19-505 and 19-509 of this subtitle shall pay the benefits described in §§ 19-505 and 19-509 to an individual insured under the policy who is injured in a motor vehicle accident:
(i) while occupying a motor vehicle for which the coverages described in §§ 19-505 and 19-509 of this subtitle are not in effect; or
(ii) by a motor vehicle for which the coverages described in §§ 19-505 and 19-509 of this subtitle are not in effect as a pedestrian, while in, on, or alighting from a vehicle powered by animal or muscular power, or while on or alighting from an animal.
(2) Benefits payable under paragraph (1) of this subsection shall be reduced to the extent of any medical or disability benefits coverage that is:
(i) applicable to the motor vehicle for which the coverages described in §§ 19-505 and 19-509 of this subtitle are not in effect; and
(ii) collectible from the insurer of that motor vehicle.
Reduction of benefits if benefits recovered under workers’ compensation laws
(e) Benefits payable under the coverages described in §§ 19-505 and 19-509 of this subtitle shall be reduced to the extent that the recipient has recovered benefits under the workers' compensation laws of a state or the federal government for which the provider of the workers' compensation benefits has not been reimbursed.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 2001, c. 392, § 1, eff. Oct. 1, 2001; Acts 2017, c. 20, § 2, eff. Oct. 1, 2017; Acts 2017, c. 815, § 2, eff. Oct. 1, 2017.
Formerly Art. 48A, § 543.
MD Code, Insurance, § 19-513, MD INSURANCE § 19-513
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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