§ 23-405. Return of unearned premiums after cancellation of insurance contract
West's Annotated Code of MarylandInsuranceEffective: July 1, 2013
Effective: July 1, 2013
MD Code, Insurance, § 23-405
§ 23-405. Return of unearned premiums after cancellation of insurance contract
(a)(1) Notwithstanding any other provision of this article, when an insurance contract is canceled, whether by a premium finance company, an insurer, or an insured, the insurer shall return any gross unearned premiums that are due under the insurance contract, computed pro rata, and excluding any expense constant, administrative fee, or any nonrefundable charge filed with and approved by the Commissioner, to the premium finance company for the account of the insured within a reasonable time not exceeding 45 days after:
(b)(1) After the insurer returns to the premium finance company any gross unearned premiums that are due under the insurance contract, the premium finance company shall refund to the insured the amount of unearned premium that exceeds any amount due under the premium finance agreement.
(c) Whenever an insurer, after receiving notice of the existence of a premium finance agreement, returns any unearned premiums to a person other than the premium finance company named in the premium finance agreement, the insurer shall be directly responsible to the premium finance company for all unearned premiums arising from the cancellation of the premium finance agreement.
(d)(1) An insurer that fails to return any premium required under this section shall pay interest of 1% per month on the unearned premium that has not been returned until the unearned premium is returned.
(e) An insurer may not deduct from any return premium any amount owed to the insurer by the insured under any other insurance contract.
Credits
Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 273, § 1, eff. Oct. 1, 1997; Acts 1997, c. 708, § 1, eff. Oct. 1, 1997; Acts 1998, c. 716, § 1, eff. Oct. 1, 1998; Acts 1999, c. 677, § 1, eff. Oct. 1, 1999; Acts 2001, c. 219, § 1, eff. Oct. 1, 2001; Acts 2001, c. 731, § 9, eff. July 2, 2001; Acts 2002, c. 19, § 5, eff. April 9, 2002; Acts 2013, c. 334, § 1, eff. July 1, 2013.
Formerly Art. 48A, § 486G.
MD Code, Insurance, § 23-405, MD INSURANCE § 23-405
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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