<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="19-506" title_number="19" title_name="Property and Casualty Insurance" subtitle_number="5" subtitle_name="Motor Vehicle Insurance -- Primary Coverage">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A waiver made under this section constitutes a waiver of all the benefits described in § 19-505 of this subtitle, whether provided under:</text>
      <level label="i">
        <text>the first named insured’s policy;</text>
      </level>
      <level label="ii">
        <text>any other motor vehicle liability insurance policy issued in the State; or</text>
      </level>
      <level label="iii">
        <text>another form of security used in place of a motor vehicle liability insurance policy as authorized under § 17-103 of the Transportation Article.</text>
      </level>
    </level>
    <level label="2">
      <text>Subject to paragraph (3) of this subsection, a waiver made under this section is binding on the following individuals covered by the policy:</text>
      <level label="i">
        <text>each named insured;</text>
      </level>
      <level label="ii">
        <text>each listed driver; and</text>
      </level>
      <level label="iii">
        <text>each member of the first named insured’s family residing in the first named insured’s household who is at least 16 years old.</text>
      </level>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>is the first named insured under the other policy;</text>
      </level>
      <level label="ii">
        <text>has not waived the benefits described in § 19-505 of this subtitle under the other policy; and</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>A waiver made under this section shall be made on the form that the Commissioner requires.</text>
    </level>
    <level label="2">
      <text>The form may be part of the insurance contract.</text>
    </level>
    <level label="3">
      <text>The form shall clearly and concisely explain in 10 point boldface type:</text>
      <level label="i">
        <text>the nature, extent, and cost of the coverage that would be provided under the policy if not waived by the first named insured;</text>
      </level>
      <level label="ii">
        <text>each effect of a waiver as stated in subsection (b) of this section;</text>
      </level>
      <level label="iii">
        <text>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;</text>
      </level>
      <level label="iv">
        <text>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</text>
      </level>
      <level label="v">
        <text>that a waiver made under this section must be an affirmative written waiver.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>An insurer may not refuse to underwrite a person because the person refuses to waive the coverage described in § 19-505 of this subtitle.</text>
    </level>
    <level label="2">
      <text>An insurer that violates this subsection is subject to the penalties provided by §§ 4-113 and 4-114 of this article.</text>
    </level>
  </level>
</section>
