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§ 27-104. Procedures for practices not expressly defined

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 27. Unfair Trade Practices and Other Prohibited Practices (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
MD Code, Insurance, § 27-104
§ 27-104. Procedures for practices not expressly defined
Currentness
In general
(a) If the Commissioner believes that a person engaged in the insurance business is engaging in the State in a method of competition or in an act or practice in the conduct of insurance business that, although not defined in this title, is an unfair method of competition or an unfair or deceptive act or practice and that a proceeding by the Commissioner with respect to the method of competition, act, or practice would be in the public interest, the Commissioner shall:
(1) give the person notice of the hearing and the charges against the person;
(2) hold the hearing;
(3) make a written report of the Commissioner's findings of fact about the charges; and
(4) serve a copy of the report on the person against whom the charges were brought and any intervenor at the hearing.
Injunctions and restraining orders
(b)(1) If the report charges a violation of this title and the unfair method of competition or unfair or deceptive act or practice continues, the Commissioner, through the Attorney General, after service of the report, may bring an action to enjoin and restrain the person from engaging in the method of competition, act, or practice.
(2) The Commissioner's report and findings, all evidence taken in the hearing, and, if a stenographic record of the proceedings in the hearing before the Commissioner was made, a certified transcript of the hearing shall be received in evidence in an action under this subsection.
(3) In an action under this subsection, the court may issue an injunction or restraining order on any terms that are just.
(4) The court may not require the Commissioner to give security before the court issues the injunction or restraining order.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997.
Formerly Art. 48A, § 216.
MD Code, Insurance, § 27-104, MD INSURANCE § 27-104
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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