§ 19-509.1. Enhanced underinsured motorist coverage
West's Annotated Code of MarylandInsuranceEffective: October 1, 2023 to June 30, 2029
Effective: October 1, 2023 to June 30, 2029
MD Code, Insurance, § 19-509.1
§ 19-509.1. Enhanced underinsured motorist coverage
<Section effective until July 1, 2029. See, also, section 19-509.1 effective July 1, 2029.>
(a) In this section, “underinsured motor vehicle” means a motor vehicle that has liability coverage in an amount less than, more than, or equal to the uninsured motorist coverage provided under the insured party's motor vehicle liability insurance policy.
(b) The enhanced underinsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:
(c)(1) Unless waived in accordance with this subsection, an insurer shall provide enhanced underinsured motorist coverage at the time of purchase of a private passenger motor vehicle liability insurance policy.
(3) Unless the first named insured affirmatively makes a change in writing, the election to waive enhanced underinsured motorist coverage applies to all subsequent renewals of coverage and to all other policies or endorsements that extend, change, supersede, or replace an existing private passenger motor vehicle insurance policy issued to the first named insured.
(d) In addition to any other coverage required by this subtitle, each private passenger motor vehicle liability insurance policy issued, sold, or delivered in the State on or after July 1, 2024, to an insured that maintains enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19-509 of this subtitle shall contain coverage for damages, subject to the policy limits, that:
(3) a surviving relative of the insured, who is described in § 3-904 of the Courts Article, is entitled to recover from the owner or operator of an underinsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle.
(e) The enhanced underinsured motorist coverage required by this section shall be on the form that the Commissioner requires.
(f)(1) The enhanced underinsured motorist coverage contained in a private passenger motor vehicle liability insurance policy:
(g) An insurer may exclude from the enhanced underinsured motorist coverage required by this section benefits for:
(1) the named insured or a family member of the named insured who resides in the named insured's household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an underinsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured's household; and
(2) the named insured, a family member of the named insured who resides in the named insured's household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27-609 of this article.
(h) The limit of liability for an insurer that provides enhanced underinsured motorist coverage under this section:
(i)(1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self-insurance may include the enhanced underinsured motorist coverage provided for in this section.
(j) An endorsement or a provision that protects the insured against damages caused by an underinsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an underinsured motor vehicle.
(k) A provision in a private passenger motor vehicle liability insurance policy issued on or after July 1, 2018, about coverage for damages sustained by the insured as a result of the operation of an underinsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.
Credits
Added by Acts 2017, c. 20, § 2, eff. Oct. 1, 2017; Acts 2017, c. 815, § 2, eff. Oct. 1, 2017. Amended by Acts 2020, c. 77, § 1, eff. Oct. 1, 2020; Acts 2023, c. 514, § 1, eff. Oct. 1, 2023.
MD Code, Insurance, § 19-509.1, MD INSURANCE § 19-509.1
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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