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§ 27-503. Agreements or refusal to accept business from insurance producers

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 5. Discrimination (Refs & Annos)
MD Code, Insurance, § 27-503
§ 27-503. Agreements or refusal to accept business from insurance producers
In general
(a) An insurer may not cancel a written agreement with an insurance producer about insurance or refuse to accept insurance business from the insurance producer unless the insurer complies with this section.
Notice to insurance producer of intention to cancel agreement or refuse a class of renewal business
(b)(1) This subsection does not apply to:
(i) policies of life insurance, health insurance, surety insurance, wet marine and transportation insurance, and title insurance; or
(ii) insurance producers or policies of a company or group of companies represented by insurance producers who by contractual agreement represent only that company or group of companies if:
1. the business is owned by the company or group of companies; and
2. the cancellation of any contractual agreement does not result in the cancellation or refusal to renew any policies.
(2) If an insurer intends to cancel a written agreement with an insurance producer or intends to refuse a class of renewal business from an insurance producer, the insurer shall give the insurance producer at least 90 days' written notice.
(3) Notwithstanding any provision of the agreement to the contrary, the insurer shall continue for at least 2 years after termination of the agency agreement to renew through the insurance producer any of the policies that have not been replaced with other insurers as expirations occur.
Cancellation or refusal to renew policy of insured
(c) An insurer may not cancel or refuse to renew a policy of the insured because of the termination of the insurance producer's contract.
Arbitrary, capricious, unfair, or discriminatory actions by insurer
(d) Notwithstanding any other provision of this section, an insurer may not cancel or amend a written agreement with an insurance producer or refuse to accept business from the insurance producer if the cancellation, amendment, or refusal is arbitrary, capricious, unfair, or discriminatory or is based wholly or partly on the race, creed, color, sex, religion, national origin, or place of residency of the insurance producer or the applicants or policyholders of the insurance producer.
Reasons for rejecting business of insurance producer acting on behalf of insured or prospective insured
(e) If an insurer or insurance producer that accepts business from an insurance producer acting on behalf of an insured or prospective insured rejects the business of an insurance producer acting on behalf of an insured or prospective insured, the insurer or insurance producer shall give to the Commissioner and the insurance producer acting on behalf of an insured or prospective insured, on request of that insurance producer, the reasons for the rejection in writing.
Adverse loss ratio experience of insurance producer’s book of business
(f) An insurer may not cancel or amend a written agreement with an insurance producer about property insurance or casualty insurance because of an adverse loss ratio experience on the insurance producer's book of business if:
(1) the insurer required the insurance producer to submit the application for underwriting approval, all material information on the application was completed, and the insurance producer did not omit or alter any information provided by the applicant; or
(2) the insurer accepted, without prior approval, policies issued by the insurance producer, if all material information on the application for the policy or on the insurer's copy of any policy issued by the insurance producer was completed and the insurance producer did not omit or alter any information provided by the applicant.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 1997, c. 519, § 1, eff. Oct. 1, 1997; Acts 2001, c. 731, § 1, eff. July 2, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002.
Formerly Art. 48A, § 234B.
MD Code, Insurance, § 27-503, MD INSURANCE § 27-503
Current through legislation effective through May 9, 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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