(a)(1) If the first named insured does not wish to obtain the benefits described in § 19-505 of this subtitle, the first named insured shall make an affirmative written waiver of those benefits.
(2) If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide the coverage described in § 19-505 of this subtitle.
Effect of waiver made under this section
(b)(1) A waiver made under this section constitutes a waiver of all the benefits described in § 19-505 of this subtitle, whether provided under:
(i) the first named insured's policy;
(ii) any other motor vehicle liability insurance policy issued in the State; or
(iii) another form of security used in place of a motor vehicle liability insurance policy as authorized under § 17-103 of the Transportation Article.
(2) Subject to paragraph (3) of this subsection, a waiver made under this section is binding on the following individuals covered by the policy:
(i) each named insured;
(ii) each listed driver; and
(iii) each member of the first named insured's family residing in the first named insured's household who is at least 16 years old.
(3) An individual listed in paragraph (2)(ii) or (iii) of this subsection may recover the benefits described in § 19-505 of this subtitle under another motor vehicle liability insurance policy if that individual:
(i) is the first named insured under the other policy;
(ii) has not waived the benefits described in § 19-505 of this subtitle under the other policy; and
(iii) is not a named insured under any other motor vehicle liability insurance policy under which a waiver of the benefits described in § 19-505 of this subtitle is in effect.
Notice of nature, extent, and cost of coverage
(c) A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, and cost of the coverage described in § 19-505 of this subtitle.
Form and contents of waiver
(d)(1) A waiver made under this section shall be made on the form that the Commissioner requires.
(2) The form may be part of the insurance contract.
(3) The form shall clearly and concisely explain in 10 point boldface type:
(i) the nature, extent, and cost of the coverage that would be provided under the policy if not waived by the first named insured;
(ii) each effect of a waiver as stated in subsection (b) of this section;
(iii) that a failure of the first named insured to make a waiver requires an insurer to provide the coverage described in § 19-505 of this subtitle;
(iv) that an insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle; and
(v) that a waiver made under this section must be an affirmative written waiver.
Waiver made by person insured continuously by Maryland Automobile Insurance Fund
(e) A waiver made under this section by a person that is insured continuously by the Maryland Automobile Insurance Fund or the insurer is effective until the waiver is withdrawn in writing.
Insurers prohibited from refusing to underwrite person
(f)(1) An insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle.
(2) An insurer that violates this subsection is subject to the penalties provided by §§ 4-113 and 4-114 of this article.
Credits
Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 361, § 1, eff. Oct. 1, 1997; Acts 2004, c. 255, § 1, eff. June 1, 2004; Acts 2016, c. 425, § 1, eff. Oct. 1, 2016; Acts 2016, c. 426, § 1, eff. Oct. 1, 2016.
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.
