1. A. Presumption. For purposes of Insurance Article, §3-306(a)(5)(iii), Annotated Code of Maryland, a renewal offer by an authorized insurer for coverage on residential property is presumed to be made on substantially the same terms and conditions as the current coverage unless the renewal offer:

   1. (1) Contains an increase in premium of 20 percent or more;
   2. (2) Contains an increase in the deductible of 100 percent or more; or
   3. (3) Contains or omits any other term or condition that the Commissioner has determined in writing to result in the terms and conditions of the renewal offer not being substantially similar to the terms and conditions of the current coverage.

2. B. Request for Determination.

   1. (1) Upon written request from the originating insurance producer or a surplus lines broker, the Commissioner shall provide a written determination of whether the terms and conditions of a renewal offer are substantially similar to the current coverage which will be expiring.

   2. (2) The request shall provide, at a minimum, the following information:

      1. (a) A description of the insured risk and the type of coverage provided;
      2. (b) A policy number for the expiring coverage and the date that the coverage expires;
      3. (c) A full explanation of the terms and conditions which differ between the renewal offer and the current coverage;
      4. (d) Copies of the relevant policies or specific policy terms, if needed to fully explain the differences;
      5. (e) The name, address, phone number, and electronic mail address for the individual who can respond to any questions from the Commissioner's staff; and
      6. (f) The name and address of the individual who is to receive the Commissioner's written determination.

3. C. Documentation. Whenever coverage provided by an authorized insurer on residential property is replaced with coverage provided by an unauthorized insurer, the surplus lines broker or the originating insurance producer shall state in the affidavit required by Insurance Article, §3-307, Annotated Code of Maryland, or on a form approved by the Commissioner and submitted with the affidavit:

   1. (1) Whether the authorized insurer made a renewal offer; and
   2. (2) If the authorized insurer did make a renewal offer, the reason why the terms and conditions of the renewal offer were not substantially similar to the terms and conditions of the coverage previously provided.

Authority: Insurance Article, §§2-109, 3-304, 3-306—3-308, 3-311—3-313, 3-316, 3-325(c), 9-301(f), 9-303(5), 9-401(j)(1) and (2), 9-405(b), and 27-216, Annotated Code of Maryland

Effective date: March 1, 1968

Amended effective January 1, 1971

Regulations .01—.12 repealed effective June 1, 1983 (10:9 Md. R. 790)

Regulations .01—.08 adopted effective June 1, 1983 (10:9 Md. R. 790)

Regulation .02 amended effective December 30, 1996 (23:26 Md. R. 1859)

Regulation .04 repealed effective December 30, 1996 (23:26 Md. R. 1859)

Regulation .05D amended effective December 30, 1996 (23:26 Md. R. 1859)

Appendix A repealed effective December 30, 1996 (23:26 Md. R. 1859)

Chapter recodified from COMAR 09.30.22 to COMAR 31.03.06 effective September 7, 1998 (25:18 Md. R. 1439)

Regulation .01-1 adopted effective January 7, 2002 (28:26 Md. R. 2275)

Regulation .01-1 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1938); amended permanently effective March 13, 2006 (33:5 Md. R. 523)

Regulation .01-1B amended effective February 20, 2012 (39:3 Md. R. 260)

Regulation .02 amended effective April 10, 2006 (33:7 Md. R. 675); February 20, 2012 (39:3 Md. R. 260); October 8, 2018 (45:20 Md. R. 920)

Regulation .03 amended as an emergency provision effective December 15, 2007 (34:1 Md. R. 30); amended permanently effective February 12, 2007 (34:3 Md. R. 303)

Regulation .03 amended effective February 20, 2012 (39:3 Md. R. 260)

Regulation .04 adopted effective January 7, 2002 (28:26 Md. R. 2275)

Regulation .04 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1938); amended permanently effective March 13, 2006 (33:5 Md. R. 523)

Regulation .05 amended effective February 20, 2012 (39:3 Md. R. 260)

Regulation .05A amended effective April 10, 2006 (33:7 Md. R. 675); October 2, 2017 (44:19 Md. R. 898)

Regulation .06 amended effective April 10, 2006 (33:7 Md. R. 675); February 20, 2012 (39:3 Md. R. 260)

Regulation .07A amended effective April 10, 2006 (33:7 Md. R. 675)

Regulation .09 adopted effective June 11, 2001 (28:11 Md. R. 1055)

Regulation .09 amended effective January 7, 2002 (28:26 Md. R. 2275)

Regulation .09 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1938); amended permanently effective March 13, 2006 (33:5 Md. R. 523)

Regulation .09 amended effective May 18, 2016 (43:6 Md. R. 412); June 18, 2018 (45:12 Md. R. 621)

Regulation .09C, D amended effective April 10, 2006 (33:7 Md. R. 675)

Regulation .10 adopted as an emergency provision effective June 29, 1999 (26:15 Md. R. 1146); emergency status expired December 25, 1999

Regulation .10 adopted effective May 1, 2000 (27:8 Md. R. 806)

Regulation .10B, C amended effective April 10, 2006 (33:7 Md. R. 675)

Regulation .10C amended effective October 20, 2008 (35:21 Md. R. 1828); February 20, 2012 (39:3 Md. R. 260); February 27, 2017 (44:4 Md. R. 255); May 18, 2020 (47:10 Md. R. 520)

Regulation .11 adopted effective January 7, 2002 (28:26 Md. R. 2275)

Regulation .11 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1938); amended permanently effective March 13, 2006 (33:5 Md. R. 523)

Regulation .11 amended effective February 20, 2012 (39:3 Md. R. 260)