1. (a) This section does not apply to the cancellation of a policy or binder of workers' compensation insurance by an insurer during the 45-day underwriting period in accordance with § 12-106 of this article.

2. (b) Except for a cancellation for nonpayment of premium, an insurer may not cancel or refuse to renew a workers' compensation insurance policy before its expiration unless, at least 45 days before the date of cancellation or nonrenewal, the insurer:

   1. (1) serves on the employer, by personal service or certified mail addressed to the last known address of the employer, a notice of intention to cancel or nonrenew the policy; and
   2. (2) files a copy of the notice with the State Workers' Compensation Commission's designee.

3. (c) Notice under this section may be given:

   1. (1) if the employer is a corporation, to an agent or officer of the corporation on whom legal process may be served; and
   2. (2) if the employer is a partnership, to a partner.
4. (d) Notice under this section shall state when the cancellation or nonrenewal takes effect.
5. (e) Whenever an employer receives a notice under this section, the employer immediately shall secure coverage in accordance with § 9-402 of the Labor and Employment Article that will be in effect when the cancellation takes effect.

6. (f)

   1. (1) The notice shall state the insurer's actual reason for proposing the cancellation or nonrenewal of the policy.

   2. (2) The Commissioner may not disallow a proposed action of an insurer because the statement of actual reason contains:

      1. (i) grammatical, typographical, or other errors, if the errors are not material to the proposed action and are not misleading;
      2. (ii) surplus information, if the surplus information is not misleading; or
      3. (iii) erroneous information, if in the absence of the erroneous information there is a sufficient basis to support the proposed action.

7. (g)

   1. (1) At least 10 days before the date of cancellation of a workers' compensation insurance policy for nonpayment of premium, the insurer shall send to the employer, by certificate of mail, a written notice of the intention to cancel for nonpayment of premium.
   2. (2) An insurer shall file a copy of the notice sent under paragraph (1) of this subsection with the State Workers' Compensation Commission's designee.

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 2000, c. 124, § 1, eff. Oct. 1, 2000; Acts 2005, c. 25, § 13, eff. April 12, 2005; Acts 2005, c. 285, § 1, eff. Oct. 1, 2005; Acts 2012, c. 10, § 1, eff. July 1, 2012; Acts 2012, c. 11, § 1, eff. July 1, 2012; Acts 2015, c. 88, § 1, eff. Jan. 1, 2016; Acts 2017, c. 39, § 1, eff. Oct. 1, 2017.