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§ 19-208. Coverage for additional living expenses as a result of a covered loss

West's Annotated Code of MarylandInsuranceEffective: October 1, 2008

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 19. Property and Casualty Insurance
Subtitle 2. Homeowner's Insurance Policies (Refs & Annos)
Effective: October 1, 2008
MD Code, Insurance, § 19-208
§ 19-208. Coverage for additional living expenses as a result of a covered loss
In general
(a) A policy of homeowner's, fire, farmowner's, or dwelling insurance that provides coverage for additional living expenses incurred by an insured as a result of a covered loss may not be issued, sold, or delivered in the State if the policy contains language that limits coverage for additional living expenses to a period of time that is less than 12 months.
Void and unenforceable clauses
(b) A clause in a policy of homeowner's, fire, farmowner's, or dwelling insurance that purports to limit coverage for additional living expenses incurred by an insured as a result of a covered loss to a period of time that is less than 12 months is void and unenforceable.
Delays in repair or replacement
(c) Notwithstanding subsection (a) of this section, the Commissioner may require an insurer to provide coverage for additional living expenses under a policy of homeowner's, fire, farmowner's, or dwelling insurance for up to 24 months if the Commissioner finds that covered property remains uninhabitable due to delays in repair or replacement caused:
(1) by the insurer; or
(2) by factors beyond the control of the insured.
Limit of liability or denial of coverage
(d) Nothing in this section shall be construed to:
(1) prohibit or prevent the enforcement of a monetary limit of liability for additional living expenses under a policy of homeowner's, fire, farmowner's, or dwelling insurance;
(2) prohibit an insurer from denying coverage for additional living expenses if the carrier determines that at the time the additional living expenses were incurred the covered property was not unfit to live in; or
(3) prohibit an insurer from denying coverage for additional living expenses on the grounds that the covered property was unfit to live in at the time that the additional living expenses were incurred because of delays in repair or replacement caused by the insured.

Credits

Added by Acts 2008, c. 95, § 1, eff. Oct. 1, 2008.
MD Code, Insurance, § 19-208, MD INSURANCE § 19-208
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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