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§ 27-212. Rebates and unfair discrimination--insurance other than life insurance, health insura...

West's Annotated Code of MarylandInsuranceEffective: July 1, 2023

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 27. Unfair Trade Practices and Other Prohibited Practices (Refs & Annos)
Subtitle 2. Unfair Methods of Competition and Unfair and Deceptive Acts or Practices (Refs & Annos)
Effective: July 1, 2023
MD Code, Insurance, § 27-212
§ 27-212. Rebates and unfair discrimination--insurance other than life insurance, health insurance, and annuities
Application of section
(a) This section does not apply to life insurance, health insurance, and annuities.
Inducements to insurance by insurer, employee or representative of an insurer or insurance producer prohibited
(b) Except to the extent provided for in an applicable filing with the Commissioner as provided by law, an insurer, employee or representative of an insurer or insurance producer may not pay, allow, give, or offer to pay, allow, or give directly or indirectly as an inducement to insurance or after insurance has become effective:
(1) a rebate, discount, abatement, credit, or reduction of the premium stated in the policy;
(2) a special favor or advantage in the dividends or other benefits to accrue on the policy; or
(3) any valuable consideration or other inducement not specified in the policy.
Knowing receipt or acceptance of unlawful inducements to insurance prohibited
(c) An insured named in a policy or an employee of the insured may not knowingly receive or accept directly or indirectly a rebate, discount, abatement, credit, reduction of premium, special favor, advantage, valuable consideration, or inducement described in subsection (b) of this section.
Offer, promise, or gift of valuable consideration not specified in the policy
(d)(1) Except as otherwise provided by law, a person may not knowingly offer, promise, or give any valuable consideration not specified in the policy, except for educational materials, promotional materials, or articles of merchandise that cost no more than $50.
(2) A person may not make receipt of any educational materials, promotional materials, or articles of merchandise under this subsection contingent on the sale or purchase of insurance.
Insureds or properties having like insuring or risk characteristics
(e)(1) An insurer may not make or allow unfair discrimination between insureds or properties having like insuring or risk characteristics in:
(i) the premium or rates charged for insurance;
(ii) the dividends or other benefits payable on the insurance; or
(iii) any of the other terms or conditions of the insurance.
(2) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for a reason based on the sex, physical handicap, or disability of an applicant or policyholder unless there is actuarial justification for the differential.
Exemptions
(f)(1) This section does not prohibit an insurer from:
(i) paying commissions or other compensation to licensed insurance producers;
(ii) paying commissions to licensed insurance producers on a variable basis on policies issued to qualified exempt commercial policyholders, as defined in § 11-206 of this article, if:
1. the payment of the commission to the insurance producer on a variable basis results in a lower total cost of the policy to the qualified exempt commercial policyholder; and
2. the insurance producer receiving the commission has agreed to the specific level of commission to be paid on the policy;
(iii) allowing or returning to its participating policyholders, members, or subscribers lawful dividends, savings, or unabsorbed premium deposits; or
(iv) offering or providing products or services in conjunction with a policy at no charge or at a discounted price to educate a person regarding, or to assess, monitor, control, or prevent, risk of loss to persons or property if:
1. the risk of loss to persons or property is associated with the risks insured against by the policy; and
2. the offer or provision of products or services is available to all policyholders that have purchased the policy associated with the offer or provision.
(2) An insurer may include in an applicable contract or form or rate filing an offer or a provision of products or services under this subsection.
(3) An insurer may not increase the premium or deny a claim of a policyholder if the policyholder accepts, rejects, uses, or fails to use a product or service under this subsection.
(4) The Commissioner may determine by regulation the types of products or services that meet the criteria in paragraph (1)(iv) of this subsection.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 731, § 1, eff. July 2, 2001; Acts 2003, c. 173, § 1, eff. Oct. 1, 2003; Acts 2009, c. 9, § 1, eff. Oct. 1, 2009; Acts 2018, c. 485, § 1, eff. Oct. 1, 2018; Acts 2018, c. 486, § 1, eff. Oct. 1, 2018; Acts 2018, c. 513, § 1, eff. Oct. 1, 2018; Acts 2023, c. 38, § 1, eff. July 1, 2023.
Formerly Art. 48A, § 226.
MD Code, Insurance, § 27-212, MD INSURANCE § 27-212
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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