In this subtitle the following words have the meanings indicated.
“Additional optional coverage” means a coverage or service that covers the structures, contents, property, or activities on property that is available for purchase in connection with a standard homeowner’s insurance policy.
“Insurer” means an insurer that issues or delivers a policy of homeowner’s insurance in the State.
An insurer that issues, sells, or delivers a homeowner’s insurance policy shall at time of application and renewal offer in writing to provide coverage for loss that:
is caused by or results from water that backs up through sewers or drains; and
is not caused by the negligence of the insured.
If an application or renewal is made by telephone, the insurer is deemed to be in compliance with subsection (a) of this section if, within 7 calendar days after the date of application or renewal, the insurer sends the offer to the applicant or insured by a first–class mail tracking method.
If an application or renewal is made using the Internet, the insurer is deemed to be in compliance with subsection (a) of this section if the insurer provides the offer to the applicant or insured prior to submission of the application or renewal.
An offer required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
An insurer may comply with the renewal notice requirements of this section by sending the notice authorized by § 19–216 of this subtitle.
An insurer that issues or delivers a policy or contract of homeowner’s 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 of at least $300,000 for liability that results from bodily injury, property damage, or personal injury arising out of an insured’s activities as a family child care provider.
A policy or contract of homeowner’s liability insurance that contains a representation that the insurer will pay all reasonable medical expenses incurred for bodily injury caused by an accident to an individual covered by the policy or contract may not be issued unless the policy or contract also provides that the insurer will pay all medical expenses incurred within 3 years after the date of the accident.
An insurer shall provide a policyholder with an annual statement that summarizes the coverages and exclusions under the policy issued by the insurer.
The insurer’s statement shall be clear and specific.
The insurer’s statement shall state whether the coverages under the policy provide for replacement cost, actual cash value, or other method of loss payment for covered structures and contents.
The insurer’s statement shall include a disclosure that states:
the policyholder should read the policy for complete information on coverages and exclusions;
the policyholder should refer to the declarations page for a listing of coverages purchased;
the policyholder should communicate with the insurance producer or the insurer for any additional information regarding the scope of coverages in the policy;
the statement does not include additional optional coverage purchased by the policyholder, if any;
the statement is not part of the policy or contract of insurance and does not create a private right of action;
all rights, duties, and obligations are controlled by the policy and contract of insurance; and
the standard homeowner’s insurance policy does not cover losses from flood.
The statement under subsection (a) of this section:
is not part of the policy or contract of insurance; and
does not create a private right of action.
The statement required by subsection (a) of this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
The Commissioner may adopt regulations to implement the provisions of this section.
An insurer that sells or negotiates homeowner’s insurance in the State shall provide an applicant, at the time a policy of homeowner’s insurance is initially purchased, with a written notice that states that a standard homeowner’s insurance policy does not cover losses from flood.
If an application is made by telephone, the insurer is deemed to be in compliance with this section if, within 7 calendar days after the date of application, the insurer sends the notice to the applicant or insured by a first–class mail tracking method.
If an application is made using the Internet, the insurer is deemed to be in compliance with this section if the insurer provides the notice to the applicant prior to the submission of the application.
The notice shall:
state that flood insurance may be available through the National Flood Insurance Program or other sources;
provide the applicant with the contact information for the National Flood Insurance Program;
advise the applicant to confirm the need for flood insurance with the National Flood Insurance Program or the applicant’s mortgage lender;
advise the applicant to contact the National Flood Insurance Program, the applicant’s insurer, or the applicant’s insurance producer for information about flood insurance;
advise the applicant that flood insurance may be available for covered structures and their contents;
advise the applicant that a claim under a flood insurance policy may be adjusted and paid on a different basis than a claim under a homeowner’s insurance policy; and
advise the applicant that a separate application must be completed to purchase flood insurance.
A notice required to be sent by a first–class mail tracking method under this section may be sent with the statement required under § 19–207 of this subtitle.
A notice provided under this section does not create a private right of action.
A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
This section applies to an insurer that offers a homeowner’s insurance or renter’s insurance policy in the State that does not provide coverage for losses caused by specific breeds or specific mixed breeds of dogs.
At the time of application for or issuance of a policy of homeowner’s insurance or renter’s insurance, and at each renewal of a policy of homeowner’s insurance or renter’s insurance, an insurer subject to this section shall provide to an applicant or an insured a written notice that:
states that the policy does not provide coverage for losses caused by specific breeds or specific mixed breeds of dogs; and
identifies the specific breeds or specific mixed breeds of dogs for which the policy does not provide coverage.
An insurer subject to this section may provide the notice required under subsection (b) of this section in the annual statement required under § 19–205 of this subtitle.
The notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
An insurer that sells or negotiates homeowner’s insurance in the State shall provide an applicant, at the time of application for homeowner’s insurance, with a written statement that lists all additional optional coverage available from the insurer to the applicant.
If an application is made by telephone, the insurer is deemed to be in compliance with this section if, within 7 calendar days after the date of application, the insurer sends the statement to the applicant or insured by a first–class mail tracking method.
If an application is made using the Internet, the insurer is deemed to be in compliance with this section if the insurer provides the statement to the applicant prior to submission of the application.
The statement shall:
be on a separate form;
be titled, in at least 12 point type, “Additional Optional Coverage Not Included in the Standard Homeowner’s Insurance Policy”;
contain the following disclosure in at least 10 point type:
“Your standard homeowner’s insurance policy does not cover all risks. You may need to obtain additional insurance to cover loss or damage to your home, property, and the contents of your home or to cover risks related to business or personal activities on your property.
This statement provides a list of the types of additional insurance coverage that are available. Contact your insurance company, insurance producer, or insurance agent to discuss these additional coverages.”; and
contain a list of additional optional coverage.
A statement required to be sent by a first–class mail tracking method under this section may be sent with the notice required under § 19–206 of this subtitle.
A statement provided under this section does not create a private right of action.
A statement required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
A policy of homeowner’s, fire, farmowner’s, or dwelling insurance that provides coverage for additional living expenses incurred by an insured as a result of a covered loss may not be issued, sold, or delivered in the State if the policy contains language that limits coverage for additional living expenses to a period of time that is less than 12 months.
A clause in a policy of homeowner’s, fire, farmowner’s, or dwelling insurance that purports to limit coverage for additional living expenses incurred by an insured as a result of a covered loss to a period of time that is less than 12 months is void and unenforceable.
Notwithstanding subsection (a) of this section, the Commissioner may require an insurer to provide coverage for additional living expenses under a policy of homeowner’s, fire, farmowner’s, or dwelling insurance for up to 24 months if the Commissioner finds that covered property remains uninhabitable due to delays in repair or replacement caused:
by the insurer; or
by factors beyond the control of the insured.
Nothing in this section shall be construed to:
prohibit or prevent the enforcement of a monetary limit of liability for additional living expenses under a policy of homeowner’s, fire, farmowner’s, or dwelling insurance;
prohibit an insurer from denying coverage for additional living expenses if the carrier determines that at the time the additional living expenses were incurred the covered property was not unfit to live in; or
prohibit an insurer from denying coverage for additional living expenses on the grounds that the covered property was unfit to live in at the time that the additional living expenses were incurred because of delays in repair or replacement caused by the insured.
Subject to subsections (b), (c), and (d) of this section, an insurer may issue a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy.
The insurer may:
require the deductible described in paragraph (1) of this subsection in a policy of the homeowner’s insurance; or
offer the deductible described in paragraph (1) of this subsection as an option to an applicant or insured.
An insurer that has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy shall apply the deductible:
only beginning at the time the National Hurricane Center of the National Weather Service issues a hurricane warning for any part of the State and ending 24 hours following the termination of the last hurricane warning issued for any part of the State; and
regardless of where the insured’s home is located in the State.
An insurer that issues a policy of homeowner’s insurance may not adopt an underwriting standard that requires a deductible that exceeds 5% of the “Coverage A – Dwelling Limit” of the policy in the case of a hurricane unless the insurer has filed the underwriting standard with the Commissioner.
The filing required by paragraph (1) of this subsection shall:
be made at least 60 days before the insurer proposes to implement the underwriting standard in the State; and
include:
a copy of the underwriting standard the insurer intends to implement; and
the date on which the insurer intends to implement the underwriting standard.
An underwriting standard subject to this subsection shall comply with all applicable laws.
An insurer that issues a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy or has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy shall provide a policyholder with an annual statement explaining the manner in which the deductible is applied in accordance with § 19–209.1 of this subtitle.
The insurer shall send a copy of the form used to provide the statement required under paragraph (1) of this subsection to the Commissioner prior to its use.
The Commissioner may adopt regulations to implement the provisions of this section.
An insurer that issues a policy of homeowner’s insurance that includes a deductible that is equal to a percentage of the “Coverage A – Dwelling Limit” of the policy, or has adopted an underwriting standard that requires a mandatory hurricane deductible equal to a percentage of the “Coverage A – Dwelling Limit” of the policy, shall provide an insured with a statement about the deductible at the time the policy of homeowner’s insurance is first issued and at each renewal.
The statement required under subsection (a) of this section shall:
be titled, in at least 12 point type, “Percentage Deductible Notice”;
state the actual percentage of the percentage deductible;
state the circumstances under which the deductible applies;
include an example of how the deductible applies to a loss; and
include the following statement, or a substantially similar statement, in at least 10 point type:
“Your homeowner’s insurance policy contains a percentage deductible, which means that your deductible for a covered loss will be determined by multiplying the dollar amount of your Coverage A – Dwelling Limit of Liability by this percentage under the following circumstances: (insert explanation of circumstances under which a percentage deductible would be applied)”.
The example required under paragraph (1)(iv) of this subsection may be provided in the following manner:
“If, at the time of a covered loss, a homeowner’s insurance policy’s Coverage A – Dwelling Limit of Liability is $300,000 and the policy includes a 2% deductible, the policyholder will be responsible for paying a deductible of $6,000 on a claim for a covered loss ($300,000 x 2%). This means that, for example:
If the covered loss to the dwelling is $25,000 and the covered loss to personal property is $10,000 for a total covered loss of $35,000, the policyholder is responsible for paying a $6,000 deductible and the insurer is responsible for the balance of the covered loss, or $29,000.
If the covered loss to the dwelling is $5,000, the policyholder is responsible for paying the entire covered loss because the total amount of the covered loss is less than the percentage deductible, which is $6,000.”.
An insurer may satisfy the requirements of subsection (b) of this section if, on the declarations page of the policy of homeowner’s insurance or in a separate statement, the insurer states:
the actual percentage of the percentage deductible;
the dollar amount of the percentage deductible as it relates to the policy of homeowner’s insurance; and
the circumstances under which the deductible applies.
The statement shall be titled, in at least 12 point type, “Percentage Deductible Notice”.
The statement required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
An insurer shall offer at least one actuarially justified premium discount on a policy of homeowner’s insurance to a policyholder who submits proof of improvements made to the insured premises as a means of mitigating loss from a hurricane or other storm.
Means of mitigating loss include:
the installation of one or more of the following:
hurricane shutters;
secondary water barrier;
reinforced roof coverings;
braced gable ends;
reinforced roof to wall connections;
tie downs; and
reinforced opening protections;
repair or replacement of:
exterior doors, including garage doors;
hurricane resistant trusses, studs, and other structural components; and
repair or replacement of manufactured home piers, anchors, and tie down straps; and
any mitigation effort that materially mitigates loss from a hurricane or other storm otherwise covered under the policy.
Improvements made to the insured premises under this section shall be inspected by a contractor licensed by the Maryland Department of Labor.
An insurer shall be allowed to inspect the improvements that are the basis of a premium discount under this section.
Verification of improvements that are the basis of a premium discount under this section rests with the insurer.
An insurer may accept an inspection certificate issued by a governmental agency as verification of improvements that are the basis of a premium discount under this section.
A premium discount offered under this section shall:
comply with the provisions of Title 11 of this article; and
only be offered for improvements identified by the Commissioner as qualified mitigation actions made to the insured premises that may materially mitigate loss from a hurricane or other storm otherwise covered under the policy.
An insurer that offers a premium discount under this section shall provide a policyholder with an annual statement regarding the availability of the discount and the method of applying for the discount.
The notice required under paragraph (1) of this subsection may be sent with the statement required under § 19–205 of this subtitle.
An insurer may comply with the renewal notice requirements of this subsection by sending the notice authorized by § 19–216 of this subtitle.
The notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
The Commissioner may adopt regulations to implement the provisions of this section.
If an insurer uses a catastrophic risk planning model or other model in setting homeowner’s insurance rates or refusing to issue or renew homeowner’s insurance because of the geographic location of the risk, the insurer shall:
file with the Commissioner a description of the specific model used in setting the rate or refusing to issue or renew homeowner’s insurance because of the geographic location of the risk; and
make arrangements for the vendor of the model to explain to the Commissioner and the People’s Insurance Counsel the data used in the model and the manner in which the output is obtained.
If at any time an insurer changes the catastrophic risk planning model or other model upon which it is relying, the insurer shall notify the Commissioner of the change and comply with paragraph (1) of this subsection.
The information filed under subsection (a) of this section is proprietary and confidential commercial information under § 4–335 of the General Provisions Article.
The People’s Insurance Counsel shall maintain the confidentiality of any proprietary and confidential commercial information to which the People’s Insurance Counsel obtains access under subsection (a) of this section.
The Commissioner may adopt regulations to implement the provisions of this section.
In this section the following words have the meanings indicated.
“Material reduction” means during a 1–year period a reduction of homeowner’s insurance policies in force for an insurer on a statewide basis by 3% or more due to cancellations or nonrenewals solely because the subject of the risk or the insured’s address is located in a certain geographic area of the State.
“Material reduction” does not include a homeowner’s insurance policy:
cancelled, nonrenewed, or otherwise terminated by an insured; or
cancelled or nonrenewed by an insurer pursuant to reasons other than a material reduction plan.
“Minimizes market disruption” means actions to be taken by an insurer that intends to engage in a plan of material reduction of its volume of policies to provide for the orderly reduction in homeowner’s insurance coverage.
“Minimizes market disruption” includes:
efforts by the insurer to maintain a service force in affected areas during the period of material reduction;
efforts to inform insureds of options available for replacement of coverage with authorized insurers; and
any actions serving to minimize market disruption.
At least 60 days in advance of implementing a plan of material reduction, an insurer shall file with the Commissioner a plan for orderly reduction.
The plan shall:
describe the insurer’s contemplated actions;
set forth the reasons for the actions;
describe the measures the insurer intends to take in order to minimize market disruption; and
provide any other information required by the Commissioner.
Except as provided in this section, a filing under this section may not take effect until 60 days after it is filed with the Commissioner.
During the initial 60–day waiting period, the Commissioner may extend the waiting period for an additional period, not to exceed 60 days, by written notice to the insurer that the Commissioner needs additional time for consideration of the filing.
A filing is deemed approved unless disapproved by the Commissioner during the waiting period or any extension of the waiting period.
If the Commissioner finds that compliance with subsection (b) of this section would result in impairment of the insurer or a significant financial loss to the insurer, the Commissioner may allow an insurer to implement its plan of material reduction within 60 days after the filing of the plan.
The Commissioner shall approve the plan of material reduction if the insurer demonstrates that the material reduction is accomplished in a manner that minimizes market disruption in the areas of material reduction.
In reviewing a plan of material reduction, the Commissioner shall assess the impact of the plan of material reduction in:
each county of the State; and
areas within 1 mile of any saltwater shoreline or any shoreline directly adjacent to the Chesapeake Bay.
If the Commissioner disapproves the plan of material reduction, the Commissioner shall state:
the points of objection with the plan; and
any amendments to the plan that the Commissioner may require, consistent with this section, including amendments designed to accomplish the plan of material reduction in a manner that minimizes market disruption.
The insurer shall file an amended plan within 15 days after the date of return of the disapproved plan.
Any intended withdrawal in accordance with a plan of material reduction that is disapproved is prohibited until the original or an amended plan of material reduction is approved by the Commissioner.
The Commissioner may adopt regulations to implement the provisions of this section.
Each policy of homeowner’s, farmowner’s, or dwelling insurance issued, sold, or delivered in the State that provides property coverage for a dwelling or personal property on a replacement cost basis shall contain a provision that allows an insured to file a claim for the difference between the actual cash value and the replacement cost for the completed repairs or replacement for not less than 2 years after the date of loss.
An insurer may require an insured seeking additional payments on a replacement cost basis to notify the insurer, within 180 days after the date of loss, of the insured’s intent to repair or replace the dwelling or personal property.
An insurer that offers homeowner’s insurance in the State shall provide a written notice to the insured at the time of application or issuance and at each renewal of the policy that states, in substantially similar language, that, in addition to the other allowable reasons for cancellation or refusal to renew under Maryland law:
the insurer may cancel or refuse to renew coverage on the basis of the number of claims made by the policyholder within the preceding 3–year period; and
the insurer may cancel or refuse to renew coverage on the basis of:
three or more weather–related claims made within the preceding 3–year period;
one or more weather–related claims made within the preceding 3–year period if the insurer has provided written notice to the insured for reasonable or customary repairs or replacement specific to the insured’s premises or dwelling that:
the insured failed to make; and
if made, would have prevented the loss for which a claim was made; and
a change in the physical condition or contents of the premises that:
increases the hazard insured against; and
if present and known to the insurer before the issuance of the policy, would have caused the insurer to refuse to issue the policy.
In order to support cancellation or refusal to renew under subsection (a)(2)(ii) of this section, the written notice:
must refer to specific conditions known to the insurer concerning the insured’s specific premises or dwelling; and
may not be a general notification of repairs or replacements common to that type of premises or dwelling.
A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
An insurer may comply with the renewal notice requirements of this section by sending the notice authorized by § 19–216 of this subtitle.
An insurer that issues a policy of homeowner’s insurance in the State that contains an anti–concurrent causation (ACC) clause shall provide a policyholder each year with a notice that:
is clear and specific;
describes the ACC clause;
informs the insured to read the policy for complete information on the exclusions; and
states that the insured should communicate with the insurance producer or the insurer for additional information regarding the scope of the exclusions.
The notice under subsection (a) of this section:
is not part of the policy or contract of insurance; and
does not create a private right of action.
A notice required by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.
The Commissioner may adopt regulations to implement this section.
The Commissioner shall adopt by regulation a notice to be provided to insureds or policyholders at each renewal regarding areas of concerns, including:
flood;
coverage for loss from water that backs up through sewers and drains;
deductibles;
storm loss protective device discount;
claims history; and
increased hazard.
The notice provided under subsection (a) of this section shall:
be written in clear and specific language; and
contain the following language in at least 10 point type:
“This notice is not your policy, does not give you any new or additional rights beyond those expressly stated in your policy, and does not alter your policy in any way.”.
The notice provided under subsection (a) of this section does not create a private right of action.
An insurer may provide the renewal notices required by §§ 19–202, 19–205(a)(4)(vii), 19–210(f), and 19–214(a) of this subtitle and § 27–501(n)(2) of this article by sending the notice authorized by subsection (a) of this section.
The notice authorized by this section may be delivered by electronic means if the insurer complies with the requirements of § 27–601.2 of this article.