Md. Code Ann., Ins. § 19-506.1
Personal injury protection coverage--rejection of coverage
Effective Oct 1, 2016Added by Acts 2016, c. 425, § 1, eff. Oct. 1, 2016; Acts 2016, c. 426, § 1, eff. Oct. 1, 2016.State of Maryland
(a)
(1) Notwithstanding §§ 19-505 and 19-506 of this subtitle, a first named insured is not required to obtain coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle under a motor vehicle liability insurance policy that:
- (i) provides coverage that does not exceed the minimum liability coverage specified in § 17-103(b) of the Transportation Article; and
(ii) 1. subject to paragraph (2) of this subsection, is issued, sold, or delivered by the Maryland Automobile Insurance Fund; or
- 2. subject to paragraph (3) of this subsection, is issued, sold, or delivered by an insurer other than the Maryland Automobile Insurance Fund.
- (2) The Maryland Automobile Insurance Fund shall offer a first named insured, at the time of application for a policy described in paragraph (1)(i) of this subsection, the option to reject coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle if, prior to the application, the applicant has not been insured continuously by the Maryland Automobile Insurance Fund for at least 1 year.
(3) An insurer other than the Maryland Automobile Insurance Fund may offer a first named insured, at the time of application for a policy described in paragraph (1)(i) of this subsection, the option to reject coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle if:
- (i) prior to the application, the applicant was insured by an insurer other than the Maryland Automobile Insurance Fund; and
- (ii) the insurer under the prior policy canceled the policy before the end of the policy's term.
(b) At the time of application for a policy described in subsection (a)(1)(i) of this section, the first named insured shall elect in writing to:
- (1) obtain coverage for the benefits described in § 19-505 of this subtitle;
- (2) waive coverage for the benefits described in § 19-505 of this subtitle in accordance with § 19-506 of this subtitle; or
- (3) reject coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle in accordance with this section.
(c)
- (1) The election under subsection (b) of this section shall be made on the form that the Commissioner requires.
- (2) The form may be part of the insurance contract.
(3) The form shall clearly and concisely explain in 10 point boldface type:
(i) that the first named insured must elect in writing to:
- 1. obtain coverage for the benefits described in § 19-505 of this subtitle;
- 2. waive coverage for the benefits described in § 19-505 of this subtitle in accordance with § 19-506 of this subtitle; or
- 3. reject coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle in accordance with this section;
- (ii) the nature, extent, and cost of coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle if not rejected by the first named insured;
(iii) that the election to reject coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle in accordance with this section is effective until the end of the policy's term unless the first named insured:
- 1. withdraws the rejection in writing;
- 2. obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or
- 3. increases any coverage under the policy to an amount that exceeds the minimum liability coverage specified in § 17-103(b) of the Transportation Article; and
- (iv) that on renewal of the policy, unless the first named insured notifies the insurer in writing that the first named insured wishes to obtain coverage for the benefits described in § 19-505 of this subtitle, the insurer shall provide the coverage described in § 19-506 of this subtitle.
(d)
(1) A rejection of coverage for the benefits described in §§ 19-505 and 19-506 of this subtitle in accordance with this section is effective until the end of the policy's term unless the first named insured:
- (i) withdraws the rejection in writing;
- (ii) obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or
- (iii) increases any coverage under the policy to an amount that exceeds the minimum liability coverage specified in § 17-103(b) of the Transportation Article.
- (2) On renewal of the policy, unless the first named insured notifies the insurer in writing that the first named insured wishes to obtain coverage for the benefits described in § 19-505 of this subtitle, the insurer shall provide the coverage described in § 19-506 of this subtitle.
Added by Acts 2016, c. 425, § 1, eff. Oct. 1, 2016; Acts 2016, c. 426, § 1, eff. Oct. 1, 2016.