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§ 27-504.1. Discrimination against crime victims

West's Annotated Code of MarylandInsuranceEffective: October 1, 2011

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)
Effective: October 1, 2011
MD Code, Insurance, § 27-504.1
§ 27-504.1. Discrimination against crime victims
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.
(3) “Victim” means a policyholder or claimant who suffers personal injury, death, or property loss as a result of a crime of violence.
Discrimination against crime victims prohibited
(b) Except as otherwise provided in this article, if an individual is a victim of a crime of violence, an insurer may not, based solely on information about the individual's status as a victim of a crime of violence:
(1) cancel, refuse to underwrite or renew, or refuse to issue a policy of homeowner's insurance;
(2) refuse to pay a claim under a policy of homeowner's insurance; or
(3) for a policy of homeowner's insurance, increase a premium, add a surcharge, apply a rating factor, retier a policy, remove a discount, or take any other adverse underwriting or rating action.
Exclusion of property coverage for intentional acts
(c)(1) If a policy of homeowner's insurance excludes property coverage for intentional acts, the insurer may not deny payment for a loss to a victim who:
(i) is an innocent coinsured;
(ii) did not commit, cause to be committed, or direct the crime of violence leading to the loss; and
(iii) cooperates in any criminal investigation, including the filing of an official police report, and if undertaken, any prosecution of the perpetrator.
(2) Payment to the innocent coinsured may be limited to the amount of the loss up to the homeowner's insurance policy limits, less any applicable deductible and coinsurance and any payment to any secured party.
(3) An insurer may exclude property owned solely by the perpetrator from coverage under the policy of homeowner's insurance.
(4) An insurer making payment to the innocent coinsured under this section shall have the right of subrogation against the perpetrator who committed, caused to be committed, or directed the crime of violence leading to the loss.
Payments in excess of homeowner’s insurance policy limits and reasonable standards of proof of claim
(d) This section does not:
(1) require payment in excess of a homeowner's insurance policy limits;
(2) prohibit an insurer from applying reasonable standards of proof of a claim; or
(3) prohibit an insurer or insurance producer from:
(i) asking an applicant, a policyholder, or a claimant about a claim under this section; or
(ii) using information obtained by investigation to evaluate a claim and exercise the insurer's rights and perform its duties.

Credits

Added by Acts 2011, c. 445, § 1, eff. Oct. 1, 2011; Acts 2011, c. 446, § 1, eff. Oct. 1, 2011.
MD Code, Insurance, § 27-504.1, MD INSURANCE § 27-504.1
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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