In addition to any requirement of this article and to the extent not inconsistent with this article, a workers’ compensation insurance policy is subject to Titles 9 and 10 of the Labor and Employment Article. In addition to any requirement of this article and to the extent not inconsistent with this article, a motor vehicle liability insurance policy is subject to the Maryland Vehicle Law.

A liability insurance policy issued in the State may not require the insured to pay for liability or loss under the policy. Each liability insurance policy issued in the State shall provide that: the bankruptcy or insolvency of the insured does not release the insurer from liability; and if an injured person or another person claiming by, through, or under the injured person is unable, after execution on a final judgment entered in an action against an insured, to recover the full amount of the final judgment, the person may bring an action against the insured’s insurer in accordance with the terms of the policy for the lesser of the amount of the judgment recovered in the action against the insured or the amount of the policy. Notwithstanding anything to the contrary in the policy, each liability insurance policy issued in the State shall be construed to contain the provisions required by subsection (b) of this section.

Each policy issued to cover the liability of a charitable institution for negligence or any other tort shall provide that, for a claim covered by the policy, the insurer may not assert the defense that the insured is immune from liability because it is a charitable institution.

Each policy that insures a health care provider against damages due to medical injury arising from providing or failing to provide health care shall contain provisions that: are consistent with the requirements of Title 3, Subtitle 2A of the Courts Article; and authorize the insurer, without restriction, to negotiate and effect a compromise of claims unless the settlement amount exceeds the limits of the insurer’s liability. An insurer may make payments to or on behalf of claimants for reasonable hospital and medical costs, loss of wages, and expenses for rehabilitation services and treatment, within the limits of the insurer’s liability, before a final disposition of the claim. A payment made under this subsection: is not an admission of liability to or of damages sustained by a claimant; and does not prejudice the insurer or any other party with respect to any right, claim, or defense. A policy issued or delivered under subsection (a) of this section may include coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider profession if the cost of the included coverage is: itemized in the billing statement, invoice, or declarations page for the policy; and reported to the Commissioner in a form and manner required by the Commissioner. A policy providing coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider’s profession may be offered and priced separately from a policy issued or delivered under subsection (a) of this section.

On request, an insurer that issues or delivers medical professional liability insurance policies in the State shall provide the Maryland Department of Health with information regarding the insurer’s policy related to coverage of obstetric services, including coverage for a vaginal birth after cesarean.

An insurer that provides a general liability insurance policy to a fire department, fire company, rescue department, or rescue company shall offer to provide coverage for: a volunteer firefighter or volunteer ambulance rescue squad member who, in response to an emergency, provides assistance to the fire department, fire company, rescue department, or rescue company; and any other individual who, in response to an emergency, provides assistance at the request and under the direction of the fire department, fire company, rescue department, or rescue company.

An insurer that issues or delivers a policy or contract of motor vehicle liability insurance in the State shall offer to provide to a policyholder, who is registered as a family child care provider under Title 9.5, Subtitle 3 of the Education Article, coverage in at least the amount required under § 17–103 of the Transportation Article for liability that results from bodily injury: to a family child care child while the child is a passenger in an automobile; and that arises out of an insured’s activities as a family child care provider.

An insurer may not refuse to issue or renew a contract of motor vehicle insurance, property insurance, or casualty insurance solely because the subject of the risk or the applicant’s or insured’s address is located in a certain geographic area of the State unless: at least 60 days before the refusal, the insurer has filed with the Commissioner a written statement designating the geographic area; and the designation has an objective basis and is not arbitrary or unreasonable. A statement filed with the Commissioner under this section is a public record.

An insurer may not issue a vehicle liability insurance policy on an assessable basis.

On or after January 1, 1972, an authorized insurer may not issue or deliver a policy or contract of bodily injury liability insurance on a motor vehicle that is principally garaged or principally used in the State when the policy or contract is issued or delivered if: the policy or contract contains a representation that the authorized insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to the insured or another individual covered by the policy or contract; and the authorized insurer retains the right of subrogation to recover from a third party any amount paid under the policy or contract on behalf of the injured individual.

An insurer may disclaim coverage on a liability insurance policy on the ground that the insured or a person claiming the benefits of the policy through the insured has breached the policy by failing to cooperate with the insurer or by not giving the insurer required notice only if the insurer establishes by a preponderance of the evidence that the lack of cooperation or notice has resulted in actual prejudice to the insurer.

This section only applies if an insurer, through its insurance producer, adjuster, or representative, has begun investigating, estimating, or adjusting a property loss resulting from fire or a hazard under an extended coverage endorsement. Except as provided in paragraph (2) of this subsection, an insured that has failed to give an insurer a sworn statement in proof of loss or a written notice as required by an insurance contract is not prevented from recovering under the insurance contract. An insured may be prevented from recovering under an insurance contract if the insured fails to provide the sworn statement in proof of loss or written notice required by the insurance contract within 15 days after receiving the insurer’s written request for the statement or notice.

The Commissioner may request by bulletin from a property and casualty insurer data that relates to policies written by the insurer. A request by bulletin under this section shall specify: the line of insurance for which the data is being requested; and the period of time for which the data is requested. Data requested by bulletin under this section shall be filed with the Commissioner in a form required by the Commissioner. A request by bulletin expires 2 years after the date of the request by the Commissioner. If the Commissioner needs additional data after the end of that 2-year period, the Commissioner shall issue another bulletin. At least 15 days prior to granting an application under § 4–203 of the General Provisions Article to inspect company–specific data that was requested by bulletin under this section, the Commissioner shall notify the insurer that supplied the data: that the Commissioner has received an application to inspect data filed by the insurer; which data the Commissioner intends to disclose in granting the application; and that, within 7 days of receipt of the notice, the insurer has the opportunity to provide any reason why the data is confidential commercial data or is otherwise protected from disclosure under the Public Information Act.

A parent of a minor or person in loco parentis of the minor may settle a claim under a liability insurance policy brought by the parent or person in loco parentis for the benefit of the minor. The payment of a settlement of a claim made under this section for the benefit of a minor shall comply with Title 13, Subtitle 4 of the Estates and Trusts Article.

Each insurer that issues or delivers a medical professional liability insurance policy in the State with an annual premium of $5,000 or more shall offer at a minimum, in addition to the basic policy, additional policies with deductibles in the following amounts: $25,000; $50,000; and $100,000. In a policy with a deductible described in subsection (a) of this section, the insurer shall apply the deductible only to the liability of the insured under the policy. An insurer that issues or delivers a medical professional liability insurance policy with a deductible described in subsection (a) of this section may cancel the policy for nonpayment of the deductible when the deductible is due and payable under the policy. A medical professional liability insurer that cancels a policy under paragraph (1) of this subsection is subject to the notice provisions under § 27–603 of this article.

In this section the following words have the meanings indicated. “Health care provider” means an individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services. “HMO provider panel” means a provider panel for one or more health maintenance organizations. “Insurer provider panel” means a provider panel for one or more insurers engaged in the business of casualty insurance or property insurance. “Non–HMO provider panel” means a provider panel for one or more nonprofit health service plans or insurers. “Provider contract” means a contract between a health care provider and an entity that contracts with a health care provider to serve on an insurer provider panel, an HMO provider panel, or a non–HMO provider panel. An insurer may not use an insurer provider panel if the provider contract for the insurer provider panel requires a provider to participate on the insurer provider panel as a condition of participating on an HMO provider panel or a non–HMO provider panel. An entity arranging an insurer provider panel shall provide a health care provider a schedule of applicable fees for up to the 50 most common services billed by a health care provider in the specialty of the health care provider: in writing at the time of execution of a provider contract; in writing or electronically 30 days before a change in the schedule of applicable fees; and in writing or electronically on request of the health care provider.

In this section the following words have the meanings indicated. “Certificate holder” means any person, other than a policyholder, that requests, obtains, or possesses a certificate of insurance. “Certificate of insurance” or “certificate” means any document or instrument, however titled or described, that is prepared or issued by an insurer or insurance producer as evidence of property insurance or casualty insurance coverage. “Certificate of insurance” or “certificate” does not include a policy of insurance or an insurance binder. “Insurer” includes a person that is self–insured. “Person” includes a unit of State or local government. “Policyholder” means the owner of a policy of property insurance or casualty insurance. This section applies to all certificate holders, policyholders, insurers, insurance producers, and certificates of insurance prepared or issued as evidence of insurance coverage on property, operations, or risks located in the State, regardless of where the certificate holder, policyholder, insurer, or insurance producer is located. This section may not be construed to apply to a statement, summary, or evidence of property insurance, including a certificate, required by a lender that holds a loan secured by: a mortgage; a lien; a deed of trust; or any other security interest in real or personal property as security for the loan. Except as provided in paragraphs (2) and (3) of this subsection, a person may not prepare or issue or require the preparation or issuance of a certificate of insurance unless the certificate of insurance form has been filed with and approved by the Commissioner. Any standard certificate of insurance form adopted by the Association for Cooperative Operations Research and Development (ACORD) or the Insurance Services Office (ISO) that otherwise complies with the requirements of this section is deemed approved by the Commissioner. The Commissioner may designate a certificate of insurance form required by a federal agency as deemed approved. The Commissioner shall disapprove a certificate of insurance form filed with the Commissioner under this section, or withdraw approval of a certificate of insurance form, if the form: is unjust, unfair, misleading, or deceptive or violates public policy; fails to comply with the requirements of this section; or violates any law, including any regulation adopted by the Commissioner. A person may not require an insurer or insurance producer to prepare or issue, or a policyholder to provide, a certificate of insurance that contains false or misleading information relating to the policy of insurance referenced in the certificate. A person may not alter or modify an approved certificate of insurance. A person may not prepare or issue a certificate of insurance that the person knows contains false or misleading information or that purports to amend, alter, or extend the coverage provided by the policy of insurance referenced in the certificate. A person may not prepare, issue, or require, either in addition to or in lieu of a certificate of insurance, an opinion letter or other document that is inconsistent with this section. A certificate of insurance is not a policy of insurance and does not amend, alter, or extend the coverage provided by the policy of insurance referenced in the certificate. A certificate of insurance does not confer on a certificate holder new or additional coverage beyond the coverage provided in the policy of insurance referenced in the certificate. The terms and conditions of a notice of cancellation, nonrenewal, material change, or other similar matters relating to a policy of insurance referenced in a certificate of insurance: shall be governed by the policy of insurance; and may not be altered by a certificate of insurance. A certificate of insurance or any other document prepared, issued, or required in violation of this section is void and unenforceable. The Commissioner may examine and investigate the activities of any person that the Commissioner reasonably believes has been or is engaged in an act or practice prohibited by this section. The Commissioner shall adopt regulations to carry out this section, including regulations that establish an approval process for certificate of insurance forms.

In this section, “adverse action” includes: refusing to renew or execute a contract or agreement with a health care practitioner; making a report or commenting to an appropriate private or governmental entity regarding practices of legally protected health care as defined in § 2–312 of the State Personnel and Pensions Article; and increasing a premium for or making another type of unfavorable change regarding terms of coverage under a medical professional liability insurance contract agreement with a health care practitioner. “Adverse action” does not include making a rate filing in accordance with § 11–206 of this article. An insurer that issues to, delivers to, or renews medical professional liability insurance for a health care practitioner licensed, certified, or otherwise authorized by law to practice in the State may not take adverse action against a health care practitioner in whole or in part because the health care practitioner provides legally protected health care or makes a referral for legally protected health care. This section does not prohibit the medical professional liability insurer from taking adverse action against a health care practitioner for conduct that would otherwise constitute professional misconduct.