<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gin" title_number="27" subtitle_number="5" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_name="Discrimination">
  <section article="gin" article_name="Insurance" number="27-501" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <level label="1">
        <text>An insurer or insurance producer may not cancel or refuse to underwrite or renew a particular insurance risk or class of risk for a reason based wholly or partly on race, color, creed, sex, or blindness of an applicant or policyholder or for any arbitrary, capricious, or unfairly discriminatory reason.</text>
      </level>
      <level label="2">
        <text>Except as provided in this section, an insurer or insurance producer may not cancel or refuse to underwrite or renew a particular insurance risk or class of risk except by the application of standards that are reasonably related to the insurer’s economic and business purposes.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>An insurer may not require special conditions, facts, or situations as a condition to its acceptance or renewal of a particular insurance risk or class of risks in an arbitrary, capricious, unfair, or discriminatory manner based wholly or partly on race, creed, color, sex, religion, national origin, place of residency, blindness, or other physical handicap or disability.</text>
      </level>
      <level label="2">
        <text>Actuarial justification may be considered with respect to sex.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, an insurer or insurance producer may not make an inquiry about race, creed, color, or national origin in an insurance form, questionnaire, or other manner of requesting general information that relates to an application for insurance.</text>
      </level>
      <level label="2">
        <text>Subject to § 27–914 of this title, an insurer that provides health insurance, a nonprofit health service plan, or a health maintenance organization may make an inquiry about race and ethnicity in an insurance form, questionnaire, or other manner requesting general information, provided the information is used solely for the evaluation of quality of care outcomes and performance measurements, including the collection of information required under § 19–134 of the Health – General Article.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <level label="i">
          <text>With respect to automobile liability insurance, an insurer may not:</text>
          <level label="1">
            <text>cancel, refuse to renew, or otherwise terminate coverage for an automobile insurance risk because of a claim, traffic violation, or traffic accident that occurred more than 3 years before the effective date of the policy or renewal;</text>
          </level>
          <level label="2">
            <text>refuse to underwrite an automobile insurance risk because of a claim, traffic violation, or traffic accident that occurred more than 3 years before the date of application; or</text>
          </level>
          <level label="3">
            <text>subject to subparagraph (ii) of this paragraph, cancel, refuse to renew, or otherwise terminate coverage for a private passenger motor vehicle insurance policy because of a claim under the towing or emergency roadside service coverage in the policy.</text>
          </level>
        </level>
        <level label="ii">
          <text>An insurer may:</text>
          <level label="1">
            <text>remove the towing or emergency roadside service coverage at renewal from a private passenger motor vehicle insurance policy based on the number of claims made under the towing or emergency roadside service coverage in a manner that complies with § 27–613 of this title; and</text>
          </level>
          <level label="2">
            <text>increase the premium of the private passenger motor vehicle insurance policy as a result of a towing or emergency roadside service claim in accordance with its filed rates in a manner that complies with § 11–317 of this article and § 27–614 of this title.</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>With respect to homeowner’s insurance, an insurer may not:</text>
        <level label="i">
          <text>cancel, refuse to renew, or otherwise terminate coverage for a homeowner’s insurance risk because of a claim that occurred more than 3 years before the effective date of the policy or renewal; or</text>
        </level>
        <level label="ii">
          <text>refuse to underwrite a homeowner’s insurance risk because of a claim that occurred more than 3 years before the date of application.</text>
        </level>
      </level>
      <level label="3">
        <text>An insurer may cancel a policy of homeowner’s insurance under which a onetime guaranteed fully refundable deposit is required for a stated amount of coverage, if the cancellation:</text>
        <level label="i">
          <text>takes effect on the anniversary date of the inception of the policy;</text>
        </level>
        <level label="ii">
          <text>is not based on a claim that occurred more than 3 years before the anniversary date of the policy on which the proposed cancellation would take effect; and</text>
        </level>
        <level label="iii">
          <text>is otherwise in accordance with this subtitle.</text>
        </level>
      </level>
      <level label="4">
        <text>This subsection does not apply to a claim involving conviction of the insured or applicant for fraud or arson.</text>
      </level>
    </level>
    <level label="e">
      <text>An insurer may not refuse to underwrite a private passenger motor vehicle insurance risk solely because the applicant or named insured previously obtained insurance coverage from any authorized insurer or the Maryland Automobile Insurance Fund.</text>
    </level>
    <level label="e–1">
      <text>An insurer may not require a particular payment plan for an insured for coverage under a private passenger or homeowner’s insurance policy based on the credit history of the insured.</text>
    </level>
    <level label="e–2">
      <level label="1">
        <text>In this subsection, “credit history” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of determining personal lines insurance premiums or eligibility for coverage.</text>
      </level>
      <level label="2">
        <text>With respect to homeowner’s insurance, an insurer may not:</text>
        <level label="i">
          <text>refuse to underwrite, cancel, or refuse to renew a risk based, in whole or in part, on the credit history of an applicant or insured;</text>
        </level>
        <level label="ii">
          <text>rate a risk based, in whole or in part, on the credit history of an applicant or insured in any manner, including:</text>
          <level label="1">
            <text>the provision or removal of a discount;</text>
          </level>
          <level label="2">
            <text>assigning the insured or applicant to a rating tier; or</text>
          </level>
          <level label="3">
            <text>placing an insured or applicant with an affiliated company; or</text>
          </level>
        </level>
        <level label="iii">
          <text>require a particular payment plan based, in whole or in part, on the credit history of the insured or applicant.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>With respect to private passenger motor vehicle insurance, an insurer may not:</text>
          <level label="1">
            <text>refuse to underwrite, cancel, refuse to renew, or increase the renewal premium based, in whole or in part, on the credit history of the insured or applicant; or</text>
          </level>
          <level label="2">
            <text>require a particular payment plan based, in whole or in part, on the credit history of the insured or applicant.</text>
          </level>
        </level>
        <level label="ii">
          <level label="1">
            <text>An insurer may, subject to paragraphs (4) and (5) of this subsection, use the credit history of an applicant to rate a new policy of private passenger motor vehicle insurance.</text>
          </level>
          <level label="2">
            <text>For purposes of this subsection, rating includes:</text>
          </level>
          <level label="A">
            <text>the provision or removal of a discount;</text>
          </level>
          <level label="B">
            <text>assigning the applicant to a rating tier; or</text>
          </level>
          <level label="C">
            <text>placing an applicant with an affiliated company.</text>
          </level>
        </level>
      </level>
      <level label="4">
        <text>With respect to private passenger motor vehicle insurance, an insurer that rates a new policy based, in whole or in part, on the credit history of the applicant:</text>
        <level label="i">
          <text>may not use a factor on the credit history of the applicant that occurred more than 5 years prior to the issuance of the new policy;</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>shall advise an applicant at the time of application that credit history is used; and</text>
          </level>
          <level label="2">
            <text>shall, on request of the applicant, provide a premium quotation that separately identifies the portion of the premium attributable to the applicant’s credit history;</text>
          </level>
        </level>
        <level label="iii">
          <text>may not use the following factors in rating the policy:</text>
          <level label="1">
            <text>the absence of credit history or the inability to determine the applicant’s credit history; or</text>
          </level>
          <level label="2">
            <text>the number of credit inquiries about an applicant’s credit history;</text>
          </level>
        </level>
        <level label="iv">
          <level label="1">
            <text>shall review the credit history of an insured who was adversely impacted by the use of the insured’s credit history at the initial rating of the policy:</text>
          </level>
          <level label="A">
            <text>every 2 years; or</text>
          </level>
          <level label="B">
            <text>on request of the insured; and</text>
          </level>
          <level label="2">
            <text>shall adjust the premium of an insured whose credit history was reviewed under this subparagraph to reflect any improvement in the insured’s credit history; or</text>
          </level>
        </level>
        <level label="v">
          <text>shall disclose to the applicant at the time of the issuance of a policy that the insurer is required to:</text>
          <level label="1">
            <text>review the credit history of an insured who was adversely impacted by the use of the insured’s credit history at the initial rating or underwriting of the policy:</text>
          </level>
          <level label="A">
            <text>every 2 years; or</text>
          </level>
          <level label="B">
            <text>on request of the insured; and</text>
          </level>
          <level label="2">
            <text>adjust the premium of an insured whose credit history was reviewed to reflect any improvement in the insured’s credit history.</text>
          </level>
        </level>
      </level>
      <level label="5">
        <text>With respect to private passenger motor vehicle insurance, an insurer that rates a new policy based, in whole or in part, on the credit history of the applicant may, if actuarially justified, provide a discount of up to 40% or impose a surcharge of up to 40%.</text>
      </level>
      <level label="6">
        <text>With respect to private passenger motor vehicle insurance, an insurer may not increase the premium for an insured who becomes a surviving spouse  based solely on the insured’s change in marital status.</text>
      </level>
      <level label="7">
        <text>With respect to homeowner’s insurance, an insurer may not increase the premium for an insured who becomes a surviving spouse based solely on the insured’s change in marital status.</text>
      </level>
      <level label="8">
        <level label="i">
          <text>At the time a policy of private passenger motor vehicle insurance is initially issued, an insurer may consider the applicant’s homeowner’s insurance claim history when rating the policy.</text>
        </level>
        <level label="ii">
          <text>At renewal, an insurer may not increase the premium for a policy of private passenger motor vehicle insurance based on a homeowner’s insurance claim.</text>
        </level>
      </level>
      <level label="9">
        <level label="i">
          <text>At the time a policy of homeowner’s insurance is initially issued, an insurer may consider the applicant’s motor vehicle claim history when rating the policy.</text>
        </level>
        <level label="ii">
          <text>At renewal, an insurer may not increase the premium for a policy of homeowner’s insurance based on a private passenger motor vehicle insurance claim.</text>
        </level>
      </level>
    </level>
    <level label="f">
      <text>Except as provided in § 27–505(a)(2) of this subtitle, in the case of cancellation of or refusal to renew a policy, the policy remains in effect until a finding is issued under § 27–505 of this subtitle if:</text>
      <level label="1">
        <text>the insured asks the Commissioner to review the cancellation or refusal to renew before the effective date of the termination of the policy; and</text>
      </level>
      <level label="2">
        <text>the Commissioner begins action to issue a finding under § 27–505 of this subtitle.</text>
      </level>
    </level>
    <level label="g">
      <text>At a hearing to determine whether this section has been violated, the burden of persuasion is on the insurer to show that the cancellation or refusal to underwrite or renew is justified under the underwriting standards demonstrated.</text>
    </level>
    <level label="h">
      <level label="1">
        <text>This subsection applies to insurance underwriting standards for all health, life, disability, property, and casualty coverages provided in the State.</text>
      </level>
      <level label="2">
        <text>At the request of the Commissioner, each insurer, nonprofit health service plan, and health maintenance organization shall file with the Commissioner a copy of its underwriting standards, including any amendments or supplements.</text>
      </level>
      <level label="3">
        <text>The Commissioner may review and examine the underwriting standards to ensure compliance with this article.</text>
      </level>
      <level label="4">
        <text>Each insurer, nonprofit health service plan, and health maintenance organization may request a finding by the Commissioner that its underwriting standards filed with the Commissioner be considered confidential commercial information under § 4–335 of the General Provisions Article.</text>
      </level>
      <level label="5">
        <text>The Commissioner shall adopt regulations to carry out this subsection.</text>
      </level>
    </level>
    <level label="i">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, with respect to homeowner’s insurance, an insurer may not cancel or refuse to renew coverage for homeowner’s insurance based on the claims history of an insured for weather–related claims, unless there were three or more weather–related claims within the preceding 3–year period.</text>
      </level>
      <level label="2">
        <text>An insurer may consider claims for weather–related events for the purpose of canceling or refusing to renew coverage if the insurer provided written notice to the insured for reasonable or customary repairs or replacement specific to the insured’s premises or dwelling which the insured failed to make and which, if made, would have prevented the loss for which a claim was made.</text>
      </level>
    </level>
    <level label="j">
      <level label="1">
        <text>In the case of homeowner’s insurance, standards reasonably related to an insurer’s economic and business purpose under subsection (a)(2) of this section, include, but are not limited to, the following and do not require statistical validation:</text>
        <level label="i">
          <text>a material misrepresentation in connection with the application, policy, or presentation of a claim;</text>
        </level>
        <level label="ii">
          <text>nonpayment of premium;</text>
        </level>
        <level label="iii">
          <text>a change in the physical condition or contents of the premises or dwelling which results in an increase in a hazard insured against and which, if present and known to the insurer prior to the issuance of the policy, the insurer would not have issued the policy;</text>
        </level>
        <level label="iv">
          <text>conviction:</text>
          <level label="1">
            <text>within the preceding 5–year period, of arson; or</text>
          </level>
          <level label="2">
            <text>within the preceding 3–year period, of a crime which directly increases the hazard insured against;</text>
          </level>
        </level>
        <level label="v">
          <text>subject to subsection (i) of this section, the claims history of the insured where the insured makes more than three claims in the preceding 3–year period;</text>
        </level>
        <level label="vi">
          <text>subject to subsection (o)(2) of this section, any other standard approved by the Commissioner that is based on factors that adversely affect the losses or expenses of the insurer under its approved rating plan and for which statistical validation is unavailable or is unduly burdensome to produce; and</text>
        </level>
        <level label="vii">
          <text>subject to subsection (o)(2) of this section, any other standard set forth in regulations adopted by the Commissioner that is found to be reasonably related to the insurer’s economic and business purposes.</text>
        </level>
      </level>
      <level label="2">
        <text>An insurer is not required to produce statistical validation that excludes weather–related claims or that makes any distinction between weather–related claims and nonweather–related claims in order to sustain the insurer’s burden of persuasion under subsection (g) of this section with respect to a cancellation or refusal to renew for a reason that is not listed in this subsection.</text>
      </level>
    </level>
    <level label="k">
      <text>With respect to private passenger motor vehicle insurance, an insurer may not cancel or refuse to renew coverage based on the claims history of an insured where two or fewer of the claims within the preceding 3–year period were for accidents or losses where the insured was not at fault for the loss.</text>
    </level>
    <level label="l">
      <level label="1">
        <text>In the case of private passenger motor vehicle insurance, standards reasonably related to the insurer’s economic and business purposes under subsection (a)(2) of this section include, but are not limited to, the following and do not require statistical validation:</text>
        <level label="i">
          <text>a material misrepresentation in connection with the application, policy, or presentation of a claim;</text>
        </level>
        <level label="ii">
          <text>nonpayment of premium;</text>
        </level>
        <level label="iii">
          <text>subject to § 27–609 of this title, revocation or suspension of the driver’s license or motor vehicle registration within the preceding 2–year period:</text>
          <level label="1">
            <text>of the named insured or covered driver under the policy; and</text>
          </level>
          <level label="2">
            <text>for reasons related to the driving record of the driver;</text>
          </level>
        </level>
        <level label="iv">
          <text>subject to § 27–609 of this title, two or more motor vehicle accidents or any combination of three or more accidents and moving violations within the preceding 3–year period for which the insured was at fault for the accidents;</text>
        </level>
        <level label="v">
          <text>subject to § 27–609 of this title, three or more moving violations against the insured or a covered driver under the policy within the preceding 2–year period;</text>
        </level>
        <level label="vi">
          <text>subject to § 27–609 of this title, conviction of the named insured or a covered driver under the policy of any of the following:</text>
          <level label="1">
            <text>a violation of § 21–902(a), (b), (c), or (d) of the Transportation Article;</text>
          </level>
          <level label="2">
            <text>homicide, assault, reckless endangerment, or criminal negligence arising out of the operation of the motor vehicle; or</text>
          </level>
          <level label="3">
            <text>using the motor vehicle to participate in a felony;</text>
          </level>
        </level>
        <level label="vii">
          <text>subject to subsection (o)(1) of this section, any other standard approved by the Commissioner that is based on factors that adversely affect the losses or expenses of the insurer under its approved rating plan and for which statistical validation is unavailable or is unduly burdensome to produce; and</text>
        </level>
        <level label="viii">
          <text>subject to subsection (o)(1) of this section, any other standard set forth in regulations adopted by the Commissioner that is found to be reasonably related to the insurer’s economic and business purposes.</text>
        </level>
      </level>
      <level label="2">
        <text>An insurer is not required to produce statistical validation that excludes at fault accidents or that makes any distinction between not at fault accidents and at fault accidents in order to sustain the insurer’s burden of persuasion under subsection (g) of this section with respect to a cancellation or refusal to renew for a reason that is not listed in this subsection.</text>
      </level>
    </level>
    <level label="m">
      <text>In the case of commercial insurance or insurance issued or provided by nonadmitted insurers, an insurer is not required to produce statistical validation of its underwriting standards in order to meet its burden of persuasion under this section.</text>
    </level>
    <level label="n">
      <level label="1">
        <text>Subject to the requirements of this article, if an insurer considers claims history for the purposes of canceling or refusing to renew coverage, the insurer may consider the following factors in mitigation of the proposed decision without producing statistical validation:</text>
        <level label="i">
          <text>the severity of the losses;</text>
        </level>
        <level label="ii">
          <text>the length of time that an insured has been a policyholder with the insurer;</text>
        </level>
        <level label="iii">
          <text>loss mitigation of previous losses; and</text>
        </level>
        <level label="iv">
          <text>the availability of a higher deductible for the particular policy and types of losses.</text>
        </level>
      </level>
      <level label="2">
        <text>If an insurer considers claims history for purposes of canceling or refusing to renew coverage, the insurer shall disclose the practice to an insured at the inception of the policy and at each renewal.</text>
      </level>
      <level label="3">
        <text>An insurer may comply with the disclosure required at renewal by paragraph (2) of this subsection by sending the notice authorized by § 19–216 of this article.</text>
      </level>
    </level>
    <level label="o">
      <level label="1">
        <text>With respect to private passenger motor vehicle insurance, an insurer may not deny, refuse to renew, or cancel coverage or increase rates for applicants or policyholders who are uniformed services personnel returning from active duty overseas solely because they fail to meet underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicant’s or policyholder’s assignment to active duty overseas.</text>
      </level>
      <level label="2">
        <text>With respect to homeowner’s insurance, an insurer may not deny, refuse to renew, or cancel coverage or increase rates for applicants or policyholders who are uniformed services personnel returning from active duty overseas solely because they fail to meet:</text>
        <level label="i">
          <text>underwriting standards that require continuous coverage unless the failure to maintain continuous coverage existed prior to the applicant’s or policyholder’s assignment to active duty overseas; or</text>
        </level>
        <level label="ii">
          <text>occupancy requirements if the uniformed services personnel can demonstrate that reasonable steps were taken to maintain and protect the property during the applicant’s or policyholder’s assignment to active duty overseas.</text>
        </level>
      </level>
    </level>
    <level label="p">
      <level label="1">
        <text>In this subsection, “inquiry” means a telephone call or other communication to an insurer regarding the terms and conditions of a homeowner’s insurance policy, including a telephone call or other communication about whether the policy provides coverage for a particular loss or the process for filing a claim.</text>
      </level>
      <level label="2">
        <text>With respect to homeowner’s insurance, an insurer may not refuse to underwrite a risk, increase a premium, or cancel or refuse to renew coverage based in whole or in part on an inquiry by an insured or an insurance producer on behalf of an insured that does not result in the payment of a claim.</text>
      </level>
    </level>
    <level label="q">
      <text>For purposes of this section, with respect to private passenger motor vehicle insurance policies, homeowner’s insurance policies, commercial insurance policies, and workers’ compensation insurance policies, the transfer of a policyholder between admitted insurers within the same insurance holding company system, as defined in § 7–101 of this article, is a renewal if:</text>
      <level label="1">
        <text>the policyholder’s premium does not increase; and</text>
      </level>
      <level label="2">
        <text>the policyholder does not experience a reduction in coverage.</text>
      </level>
    </level>
    <level label="r">
      <level label="1">
        <text>This subsection applies to homeowner’s insurance, renter’s insurance, and private passenger motor vehicle insurance.</text>
      </level>
      <level label="2">
        <text>With respect to homeowner’s insurance or renter’s insurance, an insurer may not deny, refuse to renew, or cancel coverage for an applicant or a policyholder solely because the applicant or policyholder does not carry private passenger motor vehicle insurance with the insurer or another insurer in the same insurance holding company system, as defined in § 7–101 of this article.</text>
      </level>
      <level label="3">
        <text>With respect to private passenger motor vehicle insurance, an insurer may not deny, refuse to renew, or cancel coverage for an applicant or a policyholder solely because the applicant or policyholder does not carry homeowner’s insurance or renter’s insurance with the insurer or another insurer in the same insurance holding company system, as defined in § 7–101 of this article.</text>
      </level>
      <level label="4">
        <text>This subsection does not prohibit:</text>
        <level label="i">
          <text>an applicant or a policyholder from bundling homeowner’s insurance or renter’s insurance and private passenger motor vehicle insurance policies if the applicant or policyholder chooses to do so; or</text>
        </level>
        <level label="ii">
          <text>an insurer from offering discounts or other incentives to applicants or policyholders who choose to bundle homeowner’s insurance or renter’s insurance and private passenger motor vehicle insurance policies.</text>
        </level>
      </level>
    </level>
    <level label="s">
      <level label="1">
        <text>This subsection applies only to life insurance, disability insurance, or long–term care insurance.</text>
      </level>
      <level label="2">
        <text>An insurer may not, based solely on the status of an applicant or individual as an organ donor:</text>
        <level label="i">
          <text>cancel, refuse to underwrite or renew, or refuse to issue an insurance policy;</text>
        </level>
        <level label="ii">
          <text>refuse to pay a claim, cancel, or otherwise terminate an insurance policy;</text>
        </level>
        <level label="iii">
          <text>increase premium rates for an insurance policy; or</text>
        </level>
        <level label="iv">
          <text>add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.</text>
        </level>
      </level>
      <level label="3">
        <text>With respect to all other medical conditions, an applicant or individual who is an organ donor shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as an applicant or individual who is not an organ donor.</text>
      </level>
      <level label="4">
        <text>An insurer may not prohibit an applicant or individual from donating all or part of an organ as a condition of insurance.</text>
      </level>
    </level>
    <level label="t">
      <text>With respect to private passenger motor vehicle insurance, an insurer may not require an applicant or a policyholder to participate in a program that measures the operation of an insured vehicle as a condition for underwriting a private passenger motor vehicle insurance risk unless the insurer:</text>
      <level label="1">
        <text>only offers private passenger motor vehicle insurance products that require insureds to participate in a program that measures the operation of an insured vehicle;</text>
      </level>
      <level label="2">
        <text>discloses the information in item (1) of this subsection to:</text>
        <level label="i">
          <text>the applicant at the time of application; and</text>
        </level>
        <level label="ii">
          <text>the policyholder at the time of renewal; and</text>
        </level>
      </level>
      <level label="3">
        <text>includes the information in item (1) of this subsection in any advertising materials for the insurance products offered by the insurer.</text>
      </level>
    </level>
    <level label="u">
      <text>If an applicant for residential condominium unit insurance experiences a lapse in coverage of the applicant’s prior residential condominium unit due to an insurer’s withdrawal from the market, an insurer from whom the applicant seeks new residential condominium unit coverage may not refuse to issue a policy based solely on the applicant’s lapse in coverage on the unit if:</text>
      <level label="1">
        <text>the lapse in coverage was for not longer than 90 days;</text>
      </level>
      <level label="2">
        <text>if required by the new insurer, the applicant provides an affidavit that the applicant has not incurred any losses during the lapse in coverage; and</text>
      </level>
      <level label="3">
        <text>the applicant provides any other documentation required by the insurer.</text>
      </level>
    </level>
  </section>
  <section article="gin" article_name="Insurance" number="27-502" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <text>A surety insurer may not cancel or refuse to issue or renew a surety bond for a reason based wholly or partly on race, color, creed, sex, or physical handicap or disability of an applicant or principal or for any other arbitrary, capricious, or unfairly discriminatory reason.</text>
    </level>
    <level label="b">
      <text>A surety insurer may not require special conditions, facts, or situations as a condition to its acceptance or renewal of a particular surety risk in an arbitrary, capricious, unfair, or discriminatory manner based wholly or partly on race, creed, color, sex, religion, national origin, place of residence, or physical handicap or disability.</text>
    </level>
    <level label="c">
      <text>A surety insurer may not make an inquiry about race, creed, color, or national origin in a surety form, questionnaire, or other manner of requesting general information that relates to an application for a surety bond.</text>
    </level>
    <level label="d">
      <text>On request, a surety insurer that intends to cancel or refuse to issue or renew a surety bond shall send to the bondholder or applicant written notice that states the reason for the proposed action.</text>
    </level>
    <level label="e">
      <level label="1">
        <text>A person aggrieved under this section shall notify the Commissioner in writing within 30 days after the occurrence giving rise to the complaint and shall state the facts giving rise to the complaint.</text>
      </level>
      <level label="2">
        <text>On receipt of a complaint, the Commissioner shall forward a copy of the complaint to the surety insurer.</text>
      </level>
      <level label="3">
        <text>If the Commissioner finds that the complaint is without merit, the Commissioner shall dismiss the complaint without a hearing and shall notify the surety insurer and complainant promptly in writing.</text>
      </level>
      <level label="4">
        <text>If the complaint is not dismissed without a hearing, the Commissioner shall:</text>
        <level label="i">
          <text>hold a hearing on the complaint within 30 days after receipt of the complaint; and</text>
        </level>
        <level label="ii">
          <text>give written notice of the time and place of the hearing to all parties at least 10 days before the hearing.</text>
        </level>
      </level>
      <level label="5">
        <text>At a hearing to determine whether this section has been violated, the burden of persuasion is on the surety insurer to show that the cancellation or refusal to underwrite or renew is not based wholly or partly on race, color, creed, sex, or physical handicap or disability of an applicant or principal or for any unfairly discriminatory reason.</text>
      </level>
      <level label="6">
        <text>If, after the hearing, the Commissioner finds that the surety insurer has violated this section, the Commissioner may issue an appropriate order that:</text>
        <level label="i">
          <text>states the manner in which the surety insurer has violated this section;</text>
        </level>
        <level label="ii">
          <text>provides relief under subsection (g) or (h) of this section; and</text>
        </level>
        <level label="iii">
          <text>states when, within a reasonable period but not less than 10 days after the hearing, the order shall be effective.</text>
        </level>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>Any information or testimony provided by a surety insurer pursuant to a complaint under this section is privileged and confidential.</text>
      </level>
      <level label="2">
        <text>There is no liability on the part of and no cause of action against a surety insurer, its representatives, or another person who in good faith provides to the surety insurer information or testimony that relates to the complaint.</text>
      </level>
    </level>
    <level label="g">
      <text>If the Commissioner finds that a surety insurer has willfully violated this section, the Commissioner may impose a fine on the surety insurer in accordance with § 1-301 of this article.</text>
    </level>
    <level label="h">
      <text>Instead of the fine provided in subsection (g) of this section, the Commissioner may order the surety insurer to write the bond if, at the hearing, the Commissioner finds by a preponderance of the evidence that the violation of subsection (a) or (b) of this section was knowing and willful and was the basis for the surety insurer’s action.</text>
    </level>
  </section>
  <section article="gin" article_name="Insurance" number="27-503" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <text>An insurer may not cancel a written agreement with an insurance producer about insurance or refuse to accept insurance business from the insurance producer unless the insurer complies with this section.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>This subsection does not apply to:</text>
        <level label="i">
          <text>policies of life insurance, health insurance, surety insurance, wet marine and transportation insurance, and title insurance; or</text>
        </level>
        <level label="ii">
          <text>insurance producers or policies of a company or group of companies represented by insurance producers who by contractual agreement represent only that company or group of companies if:</text>
          <level label="1">
            <text>the business is owned by the company or group of companies; and</text>
          </level>
          <level label="2">
            <text>the cancellation of any contractual agreement does not result in the cancellation or refusal to renew any policies.</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>If an insurer intends to cancel a written agreement with an insurance producer or intends to refuse a class of renewal business from an insurance producer, the insurer shall give the insurance producer at least 90 days’ written notice.</text>
      </level>
      <level label="3">
        <text>Notwithstanding any provision of the agreement to the contrary, the insurer shall continue for at least 2 years after termination of the agency agreement to renew through the insurance producer any of the policies that have not been replaced with other insurers as expirations occur.</text>
      </level>
    </level>
    <level label="c">
      <text>An insurer may not cancel or refuse to renew a policy of the insured because of the termination of the insurance producer’s contract.</text>
    </level>
    <level label="d">
      <text>Notwithstanding any other provision of this section, an insurer may not cancel or amend a written agreement with an insurance producer or refuse to accept business from the insurance producer if the cancellation, amendment, or refusal is arbitrary, capricious, unfair, or discriminatory or is based wholly or partly on the race, creed, color, sex, religion, national origin, or place of residency of the insurance producer or the applicants or policyholders of the insurance producer.</text>
    </level>
    <level label="e">
      <text>If an insurer or insurance producer that accepts business from an insurance producer acting on behalf of an insured or prospective insured rejects the business of an insurance producer acting on behalf of an insured or prospective insured, the insurer or insurance producer shall give to the Commissioner and the insurance producer acting on behalf of an insured or prospective insured, on request of that insurance producer, the reasons for the rejection in writing.</text>
    </level>
    <level label="f">
      <text>An insurer may not cancel or amend a written agreement with an insurance producer about property insurance or casualty insurance because of an adverse loss ratio experience on the insurance producer’s book of business if:</text>
      <level label="1">
        <text>the insurer required the insurance producer to submit the application for underwriting approval, all material information on the application was completed, and the insurance producer did not omit or alter any information provided by the applicant; or</text>
      </level>
      <level label="2">
        <text>the insurer accepted, without prior approval, policies issued by the insurance producer, if all material information on the application for the policy or on the insurer’s copy of any policy issued by the insurance producer was completed and the insurance producer did not omit or alter any information provided by the applicant.</text>
      </level>
    </level>
  </section>
  <section article="gin" article_name="Insurance" number="27-504" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Abuse” has the meaning stated in § 4–501 of the Family Law Article.</text>
      </level>
      <level label="3">
        <text>“Cohabitant” means an individual who has had a sexual relationship with another individual with whom the individual has resided for a period of at least 90 days.</text>
      </level>
      <level label="4">
        <text>“Victim of domestic violence” means an individual who:</text>
        <level label="i">
          <text>has received deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant; or</text>
        </level>
        <level label="ii">
          <text>is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>Except as otherwise provided in this article, if an individual is a victim of domestic violence or subject to abuse, an insurer, nonprofit health service plan, or health maintenance organization may not use information about abuse or the individual’s status as a victim of domestic violence to:</text>
      <level label="1">
        <text>cancel, refuse to underwrite or renew, or refuse to issue a policy of life insurance or health insurance or a health benefits plan;</text>
      </level>
      <level label="2">
        <text>refuse to pay a claim, cancel, or otherwise terminate a policy of life insurance or health insurance or a health benefits plan;</text>
      </level>
      <level label="3">
        <text>increase rates for life insurance, health insurance, or a health benefits plan; or</text>
      </level>
      <level label="4">
        <text>for policies of life insurance or health benefits plans, add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.</text>
      </level>
    </level>
    <level label="c">
      <text>If an insurer acts in good faith, the insurer is not subject to tort liability for a cause of action arising from the insurer’s lawful issuance of and lawful compliance with a policy of life insurance on an insured who subsequently suffers abuse or is a victim of domestic violence.</text>
    </level>
    <level label="d">
      <text>This section does not require an insurer:</text>
      <level label="1">
        <text>to make a payment to an individual who willfully caused an injury that gave rise to a loss under a policy of life insurance; or</text>
      </level>
      <level label="2">
        <text>to issue, without the consent of the proposed insured, life insurance or disability income insurance to an applicant known to have abused the proposed insured.</text>
      </level>
    </level>
    <level label="e">
      <text>This section may not be interpreted to preclude an insurer or a health maintenance organization from using mental or physical medical conditions, regardless of cause, in determining the eligibility, rate, or underwriting classification of the applicant, insured, member, or subscriber.</text>
    </level>
  </section>
  <section article="gin" article_name="Insurance" number="27-504.1" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.</text>
      </level>
      <level label="3">
        <text>“Victim” means a policyholder or claimant who suffers personal injury, death, or property loss as a result of a crime of violence.</text>
      </level>
    </level>
    <level label="b">
      <text>Except as otherwise provided in this article, if an individual is a victim of a crime of violence, an insurer may not, based solely on information about the individual’s status as a victim of a crime of violence:</text>
      <level label="1">
        <text>cancel, refuse to underwrite or renew, or refuse to issue a policy of homeowner’s insurance;</text>
      </level>
      <level label="2">
        <text>refuse to pay a claim under a policy of homeowner’s insurance; or</text>
      </level>
      <level label="3">
        <text>for a policy of homeowner’s insurance, increase a premium, add a surcharge, apply a rating factor, retier a policy, remove a discount, or take any other adverse underwriting or rating action.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>If a policy of homeowner’s insurance excludes property coverage for intentional acts, the insurer may not deny payment for a loss to a victim who:</text>
        <level label="i">
          <text>is an innocent coinsured;</text>
        </level>
        <level label="ii">
          <text>did not commit, cause to be committed, or direct the crime of violence leading to the loss; and</text>
        </level>
        <level label="iii">
          <text>cooperates in any criminal investigation, including the filing of an official police report, and if undertaken, any prosecution of the perpetrator.</text>
        </level>
      </level>
      <level label="2">
        <text>Payment to the innocent coinsured may be limited to the amount of the loss up to the homeowner’s insurance policy limits, less any applicable deductible and coinsurance and any payment to any secured party.</text>
      </level>
      <level label="3">
        <text>An insurer may exclude property owned solely by the perpetrator from coverage under the policy of homeowner’s insurance.</text>
      </level>
      <level label="4">
        <text>An insurer making payment to the innocent coinsured under this section shall have the right of subrogation against the perpetrator who committed, caused to be committed, or directed the crime of violence leading to the loss.</text>
      </level>
    </level>
    <level label="d">
      <text>This section does not:</text>
      <level label="1">
        <text>require payment in excess of a homeowner’s insurance policy limits;</text>
      </level>
      <level label="2">
        <text>prohibit an insurer from applying reasonable standards of proof of a claim; or</text>
      </level>
      <level label="3">
        <text>prohibit an insurer or insurance producer from:</text>
        <level label="i">
          <text>asking an applicant, a policyholder, or a claimant about a claim under this section; or</text>
        </level>
        <level label="ii">
          <text>using information obtained by investigation to evaluate a claim and exercise the insurer’s rights and perform its duties.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="gin" article_name="Insurance" number="27-505" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
    <level label="a">
      <level label="1">
        <text>If the Commissioner finds that an insurer has violated § 27–501, § 27–503, § 27–504, or § 27–504.1 of this subtitle, the Commissioner, in addition to any other power granted by this article, may order the insurer to accept the risk, or accept the business, as appropriate.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>With respect to medical professional liability insurance, the Commissioner shall issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew a policy under § 27–501(f) of this subtitle.</text>
        </level>
        <level label="ii">
          <text>A medical professional liability insurer may terminate the policy if:</text>
          <level label="1">
            <text>the Commissioner fails to issue a finding within 90 days after receiving a request to review the cancellation or refusal to renew; or</text>
          </level>
          <level label="2">
            <text>the Commissioner finds that the policy may be canceled or not renewed and issued the finding within 90 days after receiving a request to review the cancellation or refusal to renew.</text>
          </level>
        </level>
        <level label="iii">
          <text>If a medical professional liability insurer terminates the policy under subparagraph (ii)1 of this paragraph and the Commissioner subsequently issues a finding that the insurer may not cancel or refuse to renew the policy:</text>
          <level label="1">
            <text>the insurer immediately shall reinstate the policy; and</text>
          </level>
          <level label="2">
            <text>the reinstatement shall be retroactive to the date that the policy was terminated.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="b">
      <text>A party to a hearing or proceeding under this subtitle may appeal from the hearing, proceeding, or a decision of the Commissioner in accordance with § 2-215 of this article.</text>
    </level>
  </section>
</subtitle>