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<section article="gin" article_name="Insurance" number="19-510" future_version_removed="true" title_number="19" title_name="Property and Casualty Insurance" subtitle_number="5" subtitle_name="Motor Vehicle Insurance -- Primary Coverage">
  <level label="a">
    <text>This section applies only when:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</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 uninsured motorist coverage in an amount equal to the amount of the liability coverage provided under the policy or binder.</text>
    </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, benefit, and cost of the level of the uninsured motorist coverage being waived.</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, 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;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>that a waiver made under this section must be an affirmative written waiver.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>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.</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 excess uninsured motorist coverage under this section.</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>
