In this subtitle the following words have the meanings indicated. “Motor vehicle” means a vehicle, including a trailer, that is operated or designed for operation on a public road by any power other than animal or muscular power. “Motor vehicle” does not include: a bus as defined in § 11-105 of the Transportation Article; or a taxicab as defined in § 11-165 of the Transportation Article. “Motor vehicle accident” means an occurrence involving a motor vehicle that results in damage to property or injury to a person. “Motor vehicle accident” does not include an occurrence that is caused intentionally by or at the direction of the insured. “Named insured” means the person denominated in the declarations in a motor vehicle liability insurance policy.

This subtitle does not affect Title 17 of the Transportation Article. Neither this subtitle nor Title 17 of the Transportation Article prevents an insurer from issuing, selling, or delivering motor vehicle liability insurance policies that provide liability coverage in excess of the requirements of the Maryland Vehicle Law. This subtitle does not prohibit an insurer from providing benefits for Christian Science care and treatment. Expenses for Christian Science care and treatment constitute economic loss for purposes of this subtitle. This subtitle does not affect the right of a person to claim and sue for damages or losses that the person sustains as the result of a motor vehicle accident.

The Commissioner may adopt regulations to carry out this subtitle. The Commissioner may review any motor vehicle liability insurance policy issued, sold, or delivered in the State to determine whether it complies with this subtitle and regulations adopted under this subtitle.

In this section, “insurance identification card” means a card issued by or on behalf of an insurer, in a form that the Commissioner prescribes or approves, as an indication that the insurer has issued a motor vehicle liability insurance policy meeting the requirements of this subtitle. An insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State shall provide to an insured at the time the motor vehicle liability insurance policy is initially issued and at each renewal an insurance identification card that indicates: the first named insured on the motor vehicle liability insurance policy; the motor vehicle covered under the motor vehicle liability insurance policy; and the period for which coverage under the motor vehicle liability insurance policy is in effect. If an insured and an insurer both consent, an insurance identification card may be produced in electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. Except as provided in subparagraphs (ii) and (iii) of this paragraph, an insurance identification card shall be valid only for the period for which motor vehicle liability insurance coverage has been paid by the insured. If the insured is on an insurer–sponsored payment plan or has financed premiums through a premium finance company, the insurance identification card may be issued for periods of 6 months even if the payment by the insured is for a period of less than 6 months. For a 12–month commercial motor vehicle liability insurance policy covering three or more vehicles, the insurance identification card may be issued for a period of 12 months even if the payment by the insured is for a period of less than 12 months.

Each motor vehicle liability insurance policy issued, sold, or delivered in the State shall provide the minimum liability coverage specified in Title 17 of the Transportation Article.

This section applies only when the liability coverage under a policy or binder of private passenger motor vehicle liability insurance exceeds the amount required under § 17-103 of the Transportation Article. An insurer shall offer to the first named insured under a policy or binder of private passenger motor vehicle liability insurance liability coverage for claims made by a family member in the same amount as the liability coverage for claims made by a nonfamily member under the policy or binder. An offer made under this section shall be made on the form that the Commissioner requires. The form may be part of the insurance application, policy, contract, or binder. The form shall clearly and concisely explain in 10 point boldface type: the nature, extent, benefit, and cost of the amount of liability coverage for claims made by family members that is available to the first named insured; and that an insurer may not refuse to underwrite a first named insured because the first named insured requests or elects the liability coverage for claims made by family members in an amount equal to the coverage provided for claims made by nonfamily members. An insurer may not refuse to underwrite a first named insured because the first named insured requests or elects the liability coverage for claims made by family members in an amount equal to the coverage provided for claims made by nonfamily members. An insurer that violates this subsection is subject to the penalties provided in §§ 4-113 and 4-114 of this article.

Unless waived in accordance with § 19–506 of this subtitle or rejected in accordance with § 19–506.1 of this subtitle, each insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State shall provide coverage for the medical, hospital, and disability benefits described in this section for each of the following individuals: except for individuals specifically excluded under § 27–609 of this article: the first named insured, and any family member of the first named insured who resides in the first named insured’s household, who is injured in any motor vehicle accident, including an accident that involves an uninsured motor vehicle or a motor vehicle the identity of which cannot be ascertained; and any other individual who is injured in a motor vehicle accident while using the insured motor vehicle with the express or implied permission of the named insured; an individual who is injured in a motor vehicle accident while occupying the insured motor vehicle as a guest or passenger; and an individual who is injured in a motor vehicle accident that involves the insured motor vehicle: as a pedestrian; or while in, on, or alighting from a vehicle that is operated by animal or muscular power. In this subsection, “income” means: wages, salaries, tips, commissions, professional fees, and other earnings from work or employment; earnings from a business or farm owned individually, jointly, or in partnership; and to the extent earnings are paid or payable in property or services instead of in cash, the reasonable value of the property or services. The minimum medical, hospital, and disability benefits provided by an insurer under this section shall include up to $2,500 for: payment of all reasonable and necessary expenses that arise from a motor vehicle accident and that are incurred within 3 years after the accident for necessary prosthetic devices and ambulance, dental, funeral, hospital, medical, professional nursing, surgical, and X–ray services; payment of benefits for 85% of income lost: within 3 years after, and resulting from, a motor vehicle accident; and by an injured individual who was earning or producing income when the accident occurred; and payments made in reimbursement of reasonable and necessary expenses incurred within 3 years after a motor vehicle accident for essential services ordinarily performed for the care and maintenance of the family or family household by an individual who was injured in the accident and not earning or producing income when the accident occurred. As a condition of providing loss of income benefits under this subsection, an insurer may require the injured individual to furnish the insurer with reasonable medical proof of the injury causing loss of income. An insurer may exclude from the coverage described in this section benefits for: an individual, otherwise insured under the policy, who: intentionally causes the motor vehicle accident resulting in the injury for which benefits are claimed; is a nonresident of the State and is injured as a pedestrian in a motor vehicle accident that occurs outside of the State; is injured in a motor vehicle accident while operating or voluntarily riding in a motor vehicle that the individual knows is stolen; or is injured in a motor vehicle accident while committing a felony or while violating § 21–904 of the Transportation Article; or the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs while the named insured or family member is occupying an uninsured motor vehicle owned by: the named insured; or an immediate family member of the named insured who resides in the named insured’s household. In the case of motorcycles, mopeds, or motor scooters, an insurer may: exclude the economic loss benefits described in this section; or offer the economic loss benefits with deductibles, options, or specific exclusions.

If the first named insured does not wish to obtain the benefits described in § 19-505 of this subtitle, the first named insured shall make an affirmative written waiver of those benefits. If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide the coverage described in § 19-505 of this subtitle. A waiver made under this section constitutes a waiver of all the benefits described in § 19-505 of this subtitle, whether provided under: the first named insured’s policy; any other motor vehicle liability insurance policy issued in the State; or another form of security used in place of a motor vehicle liability insurance policy as authorized under § 17-103 of the Transportation Article. Subject to paragraph (3) of this subsection, a waiver made under this section is binding on the following individuals covered by the policy: each named insured; each listed driver; and each member of the first named insured’s family residing in the first named insured’s household who is at least 16 years old. An individual listed in paragraph (2)(ii) or (iii) of this subsection may recover the benefits described in § 19-505 of this subtitle under another motor vehicle liability insurance policy if that individual: is the first named insured under the other policy; has not waived the benefits described in § 19-505 of this subtitle under the other policy; and is not a named insured under any other motor vehicle liability insurance policy under which a waiver of the benefits described in § 19-505 of this subtitle is in effect. A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, and cost of the coverage described in § 19-505 of this subtitle. A waiver made under this section shall be made on the form that the Commissioner requires. The form may be part of the insurance contract. The form shall clearly and concisely explain in 10 point boldface type: the nature, extent, and cost of the coverage that would be provided under the policy if not waived by the first named insured; each effect of a waiver as stated in subsection (b) of this section; that a failure of the first named insured to make a waiver requires an insurer to provide the coverage described in § 19-505 of this subtitle; that an insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle; and that a waiver made under this section must be an affirmative written waiver. A waiver made under this section by a person that is insured continuously by the Maryland Automobile Insurance Fund or the insurer is effective until the waiver is withdrawn in writing. An insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle. An insurer that violates this subsection is subject to the penalties provided by §§ 4-113 and 4-114 of this article.

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: provides coverage that does not exceed the minimum liability coverage specified in § 17–103(b) of the Transportation Article; and subject to paragraph (2) of this subsection, is issued, sold, or delivered by the Maryland Automobile Insurance Fund; or subject to paragraph (3) of this subsection, is issued, sold, or delivered by an insurer other than the Maryland Automobile Insurance Fund. 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. 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: prior to the application, the applicant was insured by an insurer other than the Maryland Automobile Insurance Fund; and the insurer under the prior policy canceled the policy before the end of the policy’s term. 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: obtain coverage for the benefits described in § 19–505 of this subtitle; waive coverage for the benefits described in § 19–505 of this subtitle in accordance with § 19–506 of this subtitle; or reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section. The election under subsection (b) of this section shall be made on the form that the Commissioner requires. The form may be part of the insurance contract. The form shall clearly and concisely explain in 10 point boldface type: that the first named insured must elect in writing to: obtain coverage for the benefits described in § 19–505 of this subtitle; waive coverage for the benefits described in § 19–505 of this subtitle in accordance with § 19–506 of this subtitle; or reject coverage for the benefits described in §§ 19–505 and 19–506 of this subtitle in accordance with this section; 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; 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: withdraws the rejection in writing; obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or 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 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. 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: withdraws the rejection in writing; obtains a motor vehicle liability insurance policy for the insured motor vehicle from another insurer; or increases any coverage under the policy to an amount that exceeds the minimum liability coverage specified in § 17–103(b) of the Transportation Article. 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.

The benefits described in § 19–505 of this subtitle shall be payable without regard to: the fault or nonfault of the named insured or the recipient of benefits in causing or contributing to the motor vehicle accident; and any collateral source of medical, hospital, or wage continuation benefits. Subject to paragraph (2) of this subsection, if the insured has both coverage for the benefits described in § 19–505 of this subtitle and a collateral source of medical, hospital, or wage continuation benefits, the insurer or insurers may coordinate the policies to provide for nonduplication of benefits, subject to appropriate reductions in premiums for one or both of the policies approved by the Commissioner. The named insured may: elect to coordinate the policies by indicating in writing which policy is to be the primary policy; or reject the coordination of policies and nonduplication of benefits. In this subsection, “increase the premium” includes an increase in total premium for a policy due to: a surcharge; retiering or other reclassification of the policy; or removal or reduction of a discount. An insurer that issues a policy that contains the coverage described in § 19–505 of this subtitle: may not increase the premium on the policy due to a claim or payment made under that coverage; and at the time the policy is issued, shall notify the policyholder in writing that the insurer may not increase the premium on the policy due to a claim or payment made under that coverage. An insurer that provides the benefits described in § 19–505 of this subtitle does not have a right of subrogation and does not have a claim against any other person or insurer to recover any benefits paid because of the alleged fault of the other person in causing or contributing to a motor vehicle accident.

Subject to paragraphs (2) and (3) of this subsection, an insurer shall make all payments of the benefits described in § 19-505 of this subtitle periodically as claims for the benefits arise and within 30 days after the insurer receives satisfactory proof of claim. A policy that contains the coverage described in § 19-505 of this subtitle may: set a period of not less than 12 months after the date of the motor vehicle accident within which the original claim for benefits must be filed with the insurer; and provide that if, after a lapse in the period of total disability or in the medical treatment of an injured individual who has received benefits under that coverage, the individual claims additional benefits based on an alleged recurrence of the injury for which the original claim for benefits was made, the insurer may require reasonable medical proof of the alleged recurrence. The aggregate benefits payable to an individual under this subsection may not exceed the maximum limits stated in the policy. When an insurer that provides the benefits described in § 19-505 of this subtitle receives written notice from an insured of the occurrence of a motor vehicle accident for which benefits may be available under § 19-505 of this subtitle, the insurer shall notify the insured by mail of the latest date on which a claim may be filed for benefits under § 19-505 of this subtitle as provided in subsection (a)(2)(i) of this section. An insurer is not required under paragraph (1) of this subsection to send any notice to the insured as to any first party claim for benefits other than the benefits under § 19-505 of this subtitle. Payments of benefits that are not made in accordance with this section and that are overdue shall bear simple interest at the rate of 1.5% per month.

In this section, “uninsured motor vehicle” means a motor vehicle: the ownership, maintenance, or use of which has resulted in the bodily injury or death of an insured; and for which the sum of the limits of liability under all valid and collectible liability insurance policies, bonds, and securities applicable to bodily injury or death: is less than the amount of coverage provided under this section; or has been reduced by payment to other persons of claims arising from the same occurrence to an amount less than the amount of coverage provided under this section. The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy: that insures a motor vehicle that: is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or is exempt from registration under § 13–402(c)(10) of the Transportation Article; or if the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle. In addition to any other coverage required by this subtitle, each motor vehicle liability insurance policy issued, sold, or delivered in the State after July 1, 1975, shall contain coverage for damages, subject to the policy limits, that: the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle; the insured is entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage, including loss of use of the insured vehicle; and a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an uninsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the uninsured motor vehicle. The uninsured motorist coverage required by this section shall be in the form and subject to the conditions that the Commissioner approves. The uninsured motorist coverage contained in a motor vehicle liability insurance policy: shall at least equal: the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and may not exceed the amount of liability coverage provided under the policy. Unless waived in accordance with § 19–510 of this subtitle, the amount of uninsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy. An insurer may exclude from the uninsured motorist coverage required by this section benefits for: the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an uninsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article. The limit of liability for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured. A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the uninsured motorist coverage provided for in this section. The uninsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article. An endorsement or provision that protects the insured against damages caused by an uninsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an uninsured motor vehicle. A provision in a motor vehicle liability insurance policy issued after July 1, 1975, about coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.

In this section, “underinsured motor vehicle” means a motor vehicle that has liability coverage in an amount less than, more than, or equal to the uninsured motorist coverage provided under the insured party’s motor vehicle liability insurance policy. The enhanced underinsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy: that insures a motor vehicle that: is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or is exempt from registration under § 13–402(c)(10) of the Transportation Article; if a first named insured under a new policy or binder of private passenger motor vehicle liability insurance issued on or after July 1, 2024, has waived enhanced underinsured motorist coverage under this section; or if a first named insured on a renewal policy issued before July 1, 2024, has not elected to obtain enhanced underinsured motorist coverage under this section. Unless waived in accordance with this subsection, an insurer shall provide enhanced underinsured motorist coverage at the time of purchase of a private passenger motor vehicle liability insurance policy. The first named insured under a policy or binder of private passenger motor vehicle liability insurance may elect to waive enhanced underinsured motorist coverage and instead maintain uninsured motorist coverage required under § 19–509 of this subtitle. If the first named insured does not wish to obtain the enhanced underinsured motorist coverage under this section, the first named insured shall make an affirmative written statement waiving the coverage. A waiver made under this subsection is not effective unless, before the waiver, the insurer gives the first named insured written notice of the nature, extent, benefit, and cost of the level of the enhanced underinsured motorist coverage being waived. A waiver made under this subsection shall be made on the form that the Commissioner requires. The form may be part of the insurance contract. The form shall clearly and concisely explain in at least 14 point boldface type: the nature, extent, benefit, and cost of the level of the enhanced underinsured motorist coverage that would be provided under the policy if not waived by the first named insured; that a failure of the first named insured to make a waiver requires the insurer to provide enhanced underinsured motorist coverage; that the insurer may not refuse to underwrite a person because the person refuses to waive the enhanced underinsured motorist coverage under this subsection; and that a waiver made under this subsection must be an affirmative written waiver. If the first named insured does not make an affirmative written statement waiving the enhanced underinsured motorist coverage, the insurer shall provide the coverage under this section. Unless the first named insured affirmatively makes a change in writing, the election to waive enhanced underinsured motorist coverage applies to all subsequent renewals of coverage and to all other policies or endorsements that extend, change, supersede, or replace an existing private passenger motor vehicle insurance policy issued to the first named insured. In addition to any other coverage required by this subtitle, each private passenger motor vehicle liability insurance policy issued, sold, or delivered in the State on or after July 1, 2024, to an insured that maintains enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19–509 of this subtitle shall contain coverage for damages, subject to the policy limits, that: the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle; the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of property damage, including loss of use of the insured vehicle; and a surviving relative of the insured, who is described in § 3–904 of the Courts Article, is entitled to recover from the owner or operator of an underinsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle. The enhanced underinsured motorist coverage required by this section shall be on the form that the Commissioner requires. The enhanced underinsured motorist coverage contained in a private passenger motor vehicle liability insurance policy: shall at least equal: the amounts required by Title 17 of the Transportation Article for bodily injury and property damage, including loss of use of the insured vehicle; and the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and may not exceed the amount of liability coverage provided under the policy. The amount of enhanced underinsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy. An insurer may exclude from the enhanced underinsured motorist coverage required by this section benefits for: the named insured or a family member of the named insured who resides in the named insured’s household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an underinsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured’s household; and the named insured, a family member of the named insured who resides in the named insured’s household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27–609 of this article. The limit of liability for an insurer that provides enhanced underinsured motorist coverage under this section: is subject to § 19–511.1 of this subtitle; and is the amount of that coverage without any reduction for the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured. A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self–insurance may include the enhanced underinsured motorist coverage provided for in this section. The enhanced underinsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article. An endorsement or a provision that protects the insured against damages caused by an underinsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an underinsured motor vehicle. A provision in a private passenger motor vehicle liability insurance policy issued on or after July 1, 2018, about coverage for damages sustained by the insured as a result of the operation of an underinsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.

A final judgment in an action for personal injury protection coverage under a motor vehicle liability insurance policy does not preclude a subsequent action for uninsured or underinsured motorist coverage arising out of the same motor vehicle accident or occurrence. A final judgment in an action for personal injury protection coverage under a private passenger motor vehicle liability insurance policy does not preclude a subsequent action for enhanced underinsured motorist coverage arising out of the same motor vehicle accident or occurrence.

This section applies only when: the liability coverage under a policy or binder of private passenger motor vehicle liability insurance exceeds the amount required under § 17–103 of the Transportation Article; and the first named insured under a policy or binder of private passenger motor vehicle liability insurance has uninsured motorist coverage required under § 19–509 of this subtitle and has not obtained enhanced underinsured motorist coverage under § 19–509.1 of this subtitle. If the first named insured under a policy or binder of private passenger motor vehicle liability insurance does not wish to obtain uninsured motorist coverage in the same amount as the liability coverage provided under the policy or binder, the first named insured shall make an affirmative written waiver of having uninsured motorist coverage in the same amount as the liability coverage. If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder. A waiver made under this section is not effective unless, prior to the waiver, the insurer gives the first named insured written notice of the nature, extent, benefit, and cost of the level of the uninsured motorist coverage being waived. A waiver made under this section shall be made on the form that the Commissioner requires. The form may be part of the insurance contract. The form shall clearly and concisely explain in 10 point boldface type: the nature, extent, benefit, and cost of the level of the uninsured motorist coverage that would be provided under the policy if not waived by the first named insured; that a failure of the first named insured to make a waiver requires an insurer to provide uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder of private passenger motor vehicle liability insurance; that an insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section; and that a waiver made under this section must be an affirmative written waiver. Subject to the Commissioner’s approval, a waiver made under this section may be made on the same form as the waiver made under § 19–506 of this subtitle. A waiver made under this section by a person that is insured continuously by an insurer or by the Maryland Automobile Insurance Fund is effective until the waiver is withdrawn in writing. An insurer may not refuse to underwrite a person because the person refuses to waive the excess uninsured motorist coverage under this section. An insurer that violates this subsection is subject to the penalties provided by §§ 4–113 and 4–114 of this article.

This section does not apply when the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under § 19–509 of this subtitle. If an injured person receives a written offer from a motor vehicle insurance liability insurer or that insurer’s authorized agent to settle a claim for bodily injury or death, and the amount of the settlement offer, in combination with any other settlements arising out of the same occurrence, would exhaust the bodily injury or death limits of the applicable liability insurance policies, bonds, and securities, the injured person shall send by certified mail, to any insurer that provides uninsured motorist coverage for the bodily injury or death, a copy of the liability insurer’s written settlement offer. Within 60 days after receipt of the notice required under subsection (b) of this section, the uninsured motorist insurer shall send to the injured person: written consent to acceptance of the settlement offer and to the execution of releases; or written refusal to consent to acceptance of the settlement offer. Within 30 days after a refusal to consent to acceptance of a settlement offer under subsection (c)(2) of this section, the uninsured motorist insurer shall pay to the injured person the amount of the settlement offer. Payment as described in subsection (d) of this section shall preserve the uninsured motorist insurer’s subrogation rights against the liability insurer and its insured. Receipt by the injured person of the payment described in subsection (d) of this section shall constitute the assignment, up to the amount of the payment, of any recovery on behalf of the injured person that is subsequently paid from the applicable liability insurance policies, bonds, and securities. The injured person may accept the liability insurer’s settlement offer and execute releases in favor of the liability insurer and its insured without prejudice to any claim the injured person may have against the uninsured motorist insurer: on receipt of written consent to acceptance of the settlement offer and to the execution of releases; or if the uninsured motorist insurer has not met the requirements of subsection (c) or subsection (d) of this section. Written consent by an uninsured motorist insurer to acceptance of a settlement offer under subsection (c)(1) of this section: may not be construed to limit the right of the uninsured motorist insurer to raise any issue relating to liability or damages in an action against the uninsured motorist insurer; and does not constitute an admission by the uninsured motorist insurer as to any issue raised in an action against the uninsured motorist insurer.

This section applies only when the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle instead of the uninsured motorist coverage required under § 19–509 of this subtitle. If an injured person receives a written offer from a motor vehicle liability insurer or that insurer’s authorized agent to settle a claim for bodily injury or death, and the amount of the settlement offer, in combination with any other settlements arising out of the same occurrence, would exhaust the bodily injury or death limits of the applicable liability insurance policies, bonds, and securities, the injured person shall send by certified mail, to any insurer that provides enhanced underinsured motorist coverage for the bodily injury or death, a copy of the liability insurer’s written settlement offer. Within 60 days after receipt of the notice required under subsection (b) of this section, the enhanced underinsured motorist insurer shall send to the injured person: written consent to acceptance of the settlement offer and to the execution of releases; or written refusal to consent to acceptance of the settlement offer. Within 30 days after a refusal to consent to acceptance of a settlement offer under subsection (c)(2) of this section, the enhanced underinsured motorist insurer shall pay to the injured person the amount of the settlement offer. Payment as described in subsection (d) of this section shall preserve the extended enhanced underinsured motorist insurer’s subrogation rights against the motor vehicle liability insurer and its insured. Receipt by the injured person of the payment described in subsection (d) of this section shall constitute the assignment, up to the amount of the payment, of any recovery on behalf of the injured person that is subsequently paid from the applicable liability insurance policies, bonds, and securities. The injured person may accept the motor vehicle liability insurer’s settlement offer and execute releases in favor of the liability insurer and its insured without prejudice to any claim the injured person may have against the enhanced underinsured motorist insurer: on receipt of written consent to acceptance of the settlement offer and to the execution of releases; or if the enhanced underinsured motorist insurer has not met the requirements of subsection (c) or (d) of this section. Written consent by an enhanced underinsured motorist insurer to acceptance of a settlement offer under subsection (c)(1) of this section: may not be construed to limit the right of the enhanced underinsured motorist insurer to raise any issue relating to liability or damages in an action against the enhanced underinsured motorist insurer; and does not constitute an admission by the uninsured motorist insurer as to any issue raised in an action against the enhanced underinsured motorist insurer.

Each insurer that issues, sells, or delivers a motor vehicle insurance policy in the State shall offer collision coverage for damage to insured motor vehicles subject to deductibles of $50 to $250 in $50 increments. Collision coverage shall provide insurance, without regard to fault, against accidental property damage to the insured motor vehicle caused by physical contact of the insured motor vehicle with another motor vehicle or other object or by upset of the insured motor vehicle, if the motor vehicle accident occurs in a state, Canada, or Mexico. In this subsection, “passenger car” means a motor vehicle that is: a Class A (passenger) vehicle under § 13–912 of the Transportation Article; or a Class M (multipurpose) vehicle under § 13–937 of the Transportation Article used primarily for transporting passengers. If a private passenger motor vehicle insurance policy issued, sold, or delivered in the State includes: collision coverage under this section, the motor vehicles insured under that coverage shall include any passenger car that is rented or used by an insured for a period of 30 days or less under a rental agreement or a peer–to–peer car sharing program agreement as otherwise defined in § 14–2101 of the Commercial Law Article; or comprehensive coverage, the motor vehicles insured under that coverage shall include any replacement vehicle as defined under § 18–102(a)(2)(i) or § 18.5–102(a)(2)(i) of the Transportation Article. Each insurer that provides a private passenger motor vehicle insurance policy that includes collision coverage shall give the insured a separate notice written in boldface type that the insured does not need a collision damage waiver or any additional collision coverage when renting or peer–to–peer car sharing a passenger car for a period of 30 days or less during the term of the policy. An insurer may not deny coverage to an insured for collision damage to a rental passenger car because: the motor vehicle accident involved an uninsured motorist; or the identity of the motor vehicle causing the damage cannot be ascertained. An insurer may offer to provide to the insured coverage for damages incurred by the insured as a result of the loss of use of a rental vehicle or a shared motor vehicle that sustains collision damage while rented by the insured.

This section does not prohibit a nonprofit health service plan or an authorized insurer, with the approval of the Commissioner, from providing medical, hospital, and disability benefits in connection with motor vehicle accidents. Notwithstanding any other provision of this subtitle, a person may not recover benefits under the coverages described in §§ 19–504, 19–505, 19–509, 19–509.1, and 19–512 of this subtitle from more than one motor vehicle liability insurance policy or insurer on a duplicative basis. Except as provided in § 19–509.1 of this subtitle, and notwithstanding any other provision of this subtitle, a person may not recover benefits under the coverages described in §§ 19–504, 19–505, 19–509, and 19–512 of this subtitle from more than one motor vehicle liability insurance policy or insurer on a supplemental basis. The insurer of a motor vehicle for which the coverage described in § 19–505 of this subtitle is in effect shall pay the benefits described in § 19–505 of this subtitle to an individual who is injured in a motor vehicle accident: while occupying the insured motor vehicle; or by the insured motor vehicle as a pedestrian, while in, on, or alighting from a vehicle powered by animal or muscular power, or while on or alighting from an animal. An insurer may not pay benefits under paragraph (1) of this subsection to an individual who is in violation of § 17–103 of the Transportation Article. The insurer under a policy that contains the coverages described in §§ 19–505 and 19–509 of this subtitle shall pay the benefits described in §§ 19–505 and 19–509 to an individual insured under the policy who is injured in a motor vehicle accident: while occupying a motor vehicle for which the coverages described in §§ 19–505 and 19–509 of this subtitle are not in effect; or by a motor vehicle for which the coverages described in §§ 19–505 and 19–509 of this subtitle are not in effect as a pedestrian, while in, on, or alighting from a vehicle powered by animal or muscular power, or while on or alighting from an animal. Benefits payable under paragraph (1) of this subsection shall be reduced to the extent of any medical or disability benefits coverage that is: applicable to the motor vehicle for which the coverages described in §§ 19–505 and 19–509 of this subtitle are not in effect; and collectible from the insurer of that motor vehicle. Benefits payable under the coverages described in §§ 19–505 and 19–509 of this subtitle shall be reduced to the extent that the recipient has recovered benefits under the workers’ compensation laws of a state or the federal government for which the provider of the workers’ compensation benefits has not been reimbursed.

Authorized insurers that issue, sell, or deliver motor vehicle liability or physical damage insurance policies in the State shall arbitrate and settle all motor vehicle physical damage claims between the authorized insurers in accordance with an automobile subrogation program sponsored by the intercompany arbitration organization chosen by the authorized insurer that requests the arbitration.

An insurer may not refuse to issue or renew a motor vehicle liability insurance policy under this subtitle on the ground that the applicant has been issued a citation under § 3-8A-33 of the Courts Article.

This section applies to a motor vehicle insurance policy issued, sold, or delivered in the State that covers a motor vehicle that is specially equipped for the transportation of or operation by an individual with a disability. If a motor vehicle insurance policy described in subsection (a) of this section provides for reimbursement of the costs of a rental motor vehicle, the insurer shall, upon request of the applicant or insured, make available for the appropriate premium at the time of the issuance or renewal of the policy a daily reimbursement rate of up to $100, for a maximum of $1,500 per policy period, to allow the insured to rent a motor vehicle that is equipped similarly to the covered motor vehicle.

In this section the following words have the meanings indicated. “Transportation network company” has the meaning stated in § 10–101 of the Public Utilities Article. “Transportation network operator” has the meaning stated in § 10–101 of the Public Utilities Article. “Transportation network services” has the meaning stated in § 10–101 of the Public Utilities Article. Insurance required under § 10–405 of the Public Utilities Article shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under §§ 19–505 and 19–509 of this subtitle and Title 17, Subtitle 1 of the Transportation Article. An authorized insurer that writes motor vehicle liability insurance in the State and the Maryland Automobile Insurance Fund may exclude any and all coverage and the duty to defend afforded under an owner’s or operator’s personal motor vehicle insurance policy for any loss or injury that occurs while the vehicle operator is providing transportation network services. If an insurer that writes motor vehicle liability insurance in the State defends or indemnifies a claim against a driver for which coverage is excluded under the terms of its policy, the insurer shall have a right of contribution against other insurers that provide insurance to the same driver in satisfaction of the requirements of § 10–405 of the Public Utilities Article at the time of the loss. Nothing in this section or § 10–405 of the Public Utilities Article shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use before July 1, 2015, that excludes coverage for motor vehicles that are used to transport passengers or property for a charge or are available for hire by the public. The right to exclude coverage and the duty to defend under paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability insurance policy, including: liability coverage for bodily injury and property damage; uninsured and underinsured motorist coverage; medical payments coverage; personal injury protection coverage; comprehensive physical damage coverage; and collision physical damage coverage. If an insurer that writes motor vehicle liability insurance in the State excludes coverage for providing transportation network services, the insurer shall provide written notice to the named insured stating that the policy excludes coverage for providing transportation network services: for a policy initially purchased on or after January 1, 2016, at the time of issuance; and for a policy in force before January 1, 2016, at the time the policy first renews after January 1, 2016. Nothing in this section or § 10–405 of the Public Utilities Article: may be construed to require a personal motor vehicle insurance policy to provide primary or excess coverage; or implies or requires that a personal motor vehicle insurance policy provide coverage while the vehicle operator is providing transportation network services. Coverage under a motor vehicle insurance policy maintained by a transportation network company may not be dependent on a personal insurer that writes motor vehicle liability insurance in the State first denying a claim, nor may a personal motor vehicle insurance policy be required to first deny a claim. Nothing in this section or § 10–405 of the Public Utilities Article precludes an insurer that writes motor vehicle liability insurance in the State from providing coverage for an operator’s motor vehicle while the operator is providing transportation network services if the insurer elects to do so by contract or endorsement.

Beginning July 1, 2017, and annually thereafter through July 1, 2021, the Commissioner shall make a determination whether, with regard to the required coverages under § 10–405(a) of the Public Utilities Article, there is a viable, affordable, and adequate market of authorized insurers in the State, including the Maryland Automobile Insurance Fund, available to provide the required coverages to the transportation network services industry. To the extent that the Commissioner makes an affirmative finding of availability, and in accordance with the provisions of Title 3, Subtitle 3 of this article, it is the intent of the General Assembly that required coverages be obtained from authorized insurers and the Maryland Automobile Insurance Fund.

In this section, “volunteer driver” means an individual who provides driving services, including transportation of individuals or goods, without compensation other than for expenses to: a charitable organization, as defined in § 6–101 of the Business Regulation Article, in the State; or a not–for–profit organization in the State that is exempt from taxation under § 501(c)(3), (4), or (6) of the Internal Revenue Code. An insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State may not: cancel the policy of a named insured or refuse to issue the policy to an applicant solely because the named insured or applicant is a volunteer driver; or impose a surcharge on or otherwise increase the rate for the policy solely because the named insured or applicant, a member of the named insured’s or applicant’s household, or an individual who customarily operates the named insured’s or applicant’s motor vehicle is a volunteer driver. This section does not prohibit an insurer from canceling, refusing to renew, imposing a surcharge on, or otherwise increasing the rate for a motor vehicle liability insurance policy based on factors other than the status of a driver under the policy as a volunteer driver.

Notwithstanding any other provision of law, an authorized motor vehicle insurer and the Maryland Automobile Insurance Fund may reinstate, without a lapse in coverage, a private passenger motor vehicle liability insurance policy that was canceled by the insurer or the Fund for nonpayment of premium on payment by the policyholder of: all earned premiums owed to the insurer or the Fund; and any reasonable fee approved by the Commissioner under § 27–216(b)(5) of this article. Before an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund reinstates a policy under this section, the policyholder shall provide to the insurer or the Fund a written certification, in the form and manner specified by the insurer or the Fund, that no losses were incurred by the policyholder from the time and date the policy was canceled through the time and date the policy is reinstated. A reinstatement of a policy by an authorized motor vehicle insurer or the Maryland Automobile Insurance Fund under this section: shall be implemented in accordance with written underwriting guidelines adopted by the insurer or the Fund; and is subject to the requirements of § 27–501(a) of this article in the same manner as a cancellation, a refusal to underwrite, or a refusal to renew a risk or class of risk.

In this section the following words have the meanings indicated. “Car sharing delivery period” means the period of time during which a shared motor vehicle is being delivered to the location of the car sharing start time, as documented by the shared vehicle owner under a peer–to–peer car sharing program agreement. “Car sharing period” means the period of time that commences with the car sharing delivery period and ends at the car sharing termination time. “Car sharing start time” means the time when a shared motor vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared motor vehicle is scheduled to begin as documented in the records of a peer–to–peer car sharing program. “Car sharing termination time” means: the time when the shared motor vehicle is returned to the location designated by the shared vehicle owner through a peer–to–peer car sharing program; and the earliest of the following occurs: the expiration of the agreed period of time established for the use of the shared motor vehicle; the intent to terminate the use of the shared motor vehicle is verifiably communicated to the peer–to–peer car sharing program; or the shared vehicle owner, or the shared vehicle owner’s authorized designee, takes possession and control of the shared motor vehicle. “Intentional or fraudulent material misrepresentation” means an affirmative statement or an omission by a shared vehicle owner that misrepresents material facts about the shared vehicle owner or the shared motor vehicle. “Motor vehicle” has the meaning stated in § 11–135 of the Transportation Article. “Peer–to–peer car sharing” means the authorized use of a motor vehicle by an individual other than the vehicle’s owner through a peer–to–peer car sharing program. “Peer–to–peer car sharing program” means a platform that is in the business of connecting vehicle owners with drivers to enable the sharing of motor vehicles for financial consideration. “Peer–to–peer car sharing program agreement” means the written terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer–to–peer car sharing program under the provisions of this section and Title 18.5 of the Transportation Article. “Shared motor vehicle” means a motor vehicle that is available for sharing through a peer–to–peer car sharing program. “Shared vehicle driver” means an individual who has: reserved the use of a shared motor vehicle through a peer–to–peer car sharing program; and been authorized to drive the shared motor vehicle by the peer–to–peer car sharing program. “Shared vehicle owner” means the registered owner of a motor vehicle made available for sharing to shared vehicle drivers through a peer–to–peer car sharing program. Solely on the basis that a motor vehicle is shared through a peer–to–peer car sharing program: a peer–to–peer car sharing program may not be considered to have rented the vehicle under Title 18, Subtitle 1 of the Transportation Article; the shared vehicle owner may not be considered to have rented a vehicle under Title 18, Subtitle 1 of the Transportation Article; and a peer–to–peer car sharing program may not be considered to be: a rental vehicle company under § 18–108 of the Transportation Article; or a motor vehicle rental company under Title 10, Subtitle 6 of this article. Subject to subsection (e)(1) of this section, the use of a shared motor vehicle through a peer–to–peer car sharing program does not constitute a commercial use solely on the basis that the motor vehicle is available for sharing or used through a peer–to–peer car sharing program. Except as provided in subparagraph (ii) of this paragraph, a peer–to–peer car sharing program shall assume the liability of a shared vehicle owner for any bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer–to–peer car sharing program agreement, which amount may not be less than the minimum amount of security required under § 17–103 of the Transportation Article. Except for the minimum security required under § 17–103 of the Transportation Article for any injured person who did not make the intentional or fraudulent misrepresentation, the assumption of liability under paragraph (1) of this subsection does not apply if the shared vehicle owner made an intentional or fraudulent material misrepresentation to the peer–to–peer car sharing program before the car sharing period in which the loss occurred. Paragraph (1) of this subsection does not limit: the liability of the peer–to–peer car sharing program for any act or omission of the peer–to–peer car sharing program itself that results in injury to any person as a result of the use of a shared motor vehicle through a peer–to–peer car sharing program; or the ability of the peer–to–peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer–to–peer car sharing program resulting from a breach of the terms and conditions of the peer–to–peer car sharing program agreement. Each peer–to–peer car sharing program agreement made with respect to a car sharing arrangement in the State shall disclose to the shared vehicle owner and the shared vehicle driver: any right of the peer–to–peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer–to–peer car sharing program resulting from a breach of the terms and conditions of the peer–to–peer car sharing program agreement; that a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared motor vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer–to–peer car sharing program under item (i) of this paragraph; that the peer–to–peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared motor vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner should contact the shared vehicle driver’s or the shared vehicle owner’s insurer about insurance coverage; and the daily rate, fees, any insurance costs, and any protection package costs that are charged to the shared vehicle owner or the shared vehicle driver. At the time when a vehicle owner registers as a shared vehicle owner on a peer–to–peer car sharing program and prior to the time when the shared vehicle owner makes a shared motor vehicle available for car sharing on the peer–to–peer car sharing program, the peer–to–peer car sharing program shall notify the shared vehicle owner that, if the shared motor vehicle has a lien against it, the use of the shared motor vehicle through a peer–to–peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder. A peer–to–peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that: provides coverage in amounts not less than those required under § 17–103 of the Transportation Article; and recognizes that the vehicle insured under the policy is made available and used through a peer–to–peer car sharing program; or does not exclude the use of the shared motor vehicle by a shared vehicle driver. The insurance described under paragraph (1) of this subsection may be satisfied by motor vehicle liability insurance maintained by: a shared vehicle owner; a shared vehicle driver; a peer–to–peer car sharing program; or any combination of a shared vehicle owner, a shared vehicle driver, and a peer–to–peer car sharing program. In this paragraph, “replacement vehicle” means a shared motor vehicle that is used in a peer–to–peer car sharing program while a motor vehicle owned by the shared motor vehicle driver is not in use because of loss, as “loss” is defined in that individual’s applicable private passenger automobile insurance policy, or because of breakdown, repair, service, or damage. Notwithstanding paragraph (2)(ii) of this subsection, the Maryland Automobile Insurance Fund may not be required to provide coverage to a shared vehicle driver for use of a shared vehicle that is not a replacement vehicle. A peer–to–peer car sharing program shall have an insurable interest in a shared motor vehicle during the car sharing period. A peer–to–peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage in the amount of, in excess of, or optional to the minimum amount of coverage required to be provided under paragraph (1) of this subsection, including coverage for: liabilities assumed by the peer–to–peer car sharing program under a peer–to–peer car sharing program agreement; any liability of the shared vehicle owner; damage or loss to the shared motor vehicle; and any liability of the shared vehicle driver. An offer by a peer–to–peer car sharing program to provide coverage to a shared vehicle driver in the amount of, in excess of, or optional to the minimum amount of coverage required to be provided under paragraph (1) of this subsection, whether on a stand–alone basis or as part of a financial protection package, shall be considered the sale or offer of insurance under Title 10, Subtitle 6A of this article. The insurance described under paragraph (1) of this subsection or authorized under paragraph (4) of this subsection shall: as to coverage of the shared vehicle driver, pay claims on a first dollar basis; and be issued by: an insurer authorized to do business in the State; or solely with respect to insurance maintained by a peer–to–peer car sharing program under paragraph (4) of this subsection, an eligible surplus lines insurer: in accordance with the requirements of Title 3, Subtitle 3 of this article; and having an A.M. Best financial strength rating of A– or better. The insurance described under paragraph (1) of this subsection shall, as to coverage of the shared vehicle owner, pay claims on a first dollar basis. This paragraph may not apply to the terms and conditions under the insurance policy applicable to the peer–to–peer car sharing program. Consumer complaints concerning claims against a surplus lines policy issued in connection with, and incidental to, a peer–to–peer car sharing program agreement are subject to the Commissioner’s authority under § 27–303 of this article. If the insurance maintained by a shared vehicle driver has lapsed, or is otherwise not in force, the peer–to–peer car sharing program’s insurance coverage required under paragraph (1) of this subsection shall be primary. If a claim that arises out of an occurrence during the car sharing period occurred in another state with minimum financial responsibility limits higher than those required under § 17–103 of the Transportation Article, the coverage required under paragraph (1) of this subsection shall be in an amount up to the minimum coverage amount required in the state in which the claim occurred. An authorized insurer that writes motor vehicle liability insurance in the State and the Maryland Automobile Insurance Fund may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s personal motor vehicle liability insurance policy for any loss or injury that occurs during the car sharing period. A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer–to–peer car sharing program if the claim is: made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period; and excluded under the terms of its policy. Nothing in this section invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use before October 1, 2018, that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. The right to exclude any and all coverage and the duty to defend under paragraph (1) of this subsection applies to any coverage included in a motor vehicle liability insurance policy, including: liability coverage for bodily injury and property damage; uninsured and underinsured motorist coverage; medical payments coverage; personal injury protection coverage; comprehensive physical damage coverage; and collision physical damage coverage. This section does not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including an insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for a business use. Coverage under a motor vehicle liability insurance policy maintained by a peer–to–peer car sharing program may not be dependent on the denial of a claim by another motor vehicle insurer. A motor vehicle insurer of a personal motor vehicle liability insurance policy may not be required to first deny a claim. A peer–to–peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership. In a claim coverage investigation following a vehicular accident, a peer–to–peer car sharing program shall cooperate to facilitate the exchange of information with directly involved parties and any motor vehicle insurer of a shared vehicle owner regarding the vehicle’s use in a peer–to–peer car sharing program.