§ 19-509. Uninsured motorist coverage--in general
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
§ 19-509. Uninsured motorist coverage--in general
<Section effective until July 1, 2029. See, also, section 19-509 effective July 1, 2029.>
(a) In this section, “uninsured motor vehicle” means a motor vehicle:
(b) The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:
(c) In addition to any other coverage required by this subtitle, each motor vehicle liability insurance policy issued, sold, or delivered in the State after July 1, 1975, 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 uninsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle.
(d) The uninsured motorist coverage required by this section shall be in the form and subject to the conditions that the Commissioner approves.
(e)(1) The uninsured motorist coverage contained in a motor vehicle liability insurance policy:
(f) An insurer may exclude from the uninsured 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 uninsured 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.
(g) The limit of liability for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.
(h)(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 uninsured motorist coverage provided for in this section.
(i) An endorsement or provision that protects the insured against damages caused by an uninsured 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 uninsured motor vehicle.
(j) A provision in a motor vehicle liability insurance policy issued after July 1, 1975, about coverage for damages sustained by the insured as a result of the operation of an uninsured 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 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 70, § 1, eff. Oct. 1, 1997; Acts 2006, c. 44, § 5, eff. April 8, 2006; Acts 2017, c. 20, § 2, eff. Oct. 1, 2017; Acts 2017, c. 815, § 2, eff. Oct. 1, 2017; Acts 2020, c. 77, § 1, eff. Oct. 1, 2020; Acts 2023, c. 514, § 1, eff. Oct. 1, 2023.
Formerly Art. 48A, §§ 481A, 541.
MD Code, Insurance, § 19-509, MD INSURANCE § 19-509
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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