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§ 11-314. Requests for review by aggrieved persons

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 11. Insurance Rating Law
Subtitle 3. Competitive Rating (Refs & Annos)
Part II. Rate Making--in General
MD Code, Insurance, § 11-314
§ 11-314. Requests for review by aggrieved persons
In general
(a) Each rating organization and each insurer subject to this subtitle that makes its own rates shall provide reasonable means within the State by which a person aggrieved by the application of its rating system may be heard in person or by an authorized representative on the person's written request to review the manner in which the rating system has been applied in connection with the insurance afforded the aggrieved person.
Deadline for response to aggrieved person’s request
(b) If the rating organization or insurer fails to grant or reject the aggrieved person's request within 30 days after it is made, the applicant may proceed as if the application had been rejected.
Appeals
(c)(1) Within 30 days after written notice of the action of a rating organization or insurer on a request for review, any party affected by the action may apply, in writing, for an appeal to the Commissioner.
(2) An application under this subsection shall set forth the basis for the appeal and the grounds on which the applicant will rely.
Hearings on action of filer
(d)(1) The Commissioner shall review the application for appeal.
(2) If the Commissioner finds that the application is made in good faith and sets forth on its face grounds that reasonably justify a hearing, the Commissioner shall hold a hearing.
(3) The Commissioner shall give written notice of the hearing to the applicant and rating organization or insurer at least 10 days before the hearing.
(4) After the hearing, the Commissioner shall affirm or reverse the action.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997.
Formerly Art. 48A, § 244R.
MD Code, Insurance, § 11-314, MD INSURANCE § 11-314
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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