# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 04 — Insurers

### Chapter 14 — Life and Health Insurance Guaranty Corporation Coverage — Notice Requirements

**Authority:** Insurance Article, §§2-109 and 9-414, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective February 1, 1996 (23:4 Md. R. 270); adopted permanently effective July 1, 1996 (23:13 Md. R. 943)

**Administrative History:** Regulation .03B amended as an emergency provision effective July 1, 1996 (23:14 Md. R. 1004); amended permanently effective November 4, 1996 (23:22 Md. R. 1496)

**Administrative History:** Chapter recodified from COMAR 09.31.11 to COMAR 31.04.14 effective September 7, 1998 (25:18 Md. R. 1439)

**Administrative History:** Regulation .01 amended effective November 1, 2021 (48:19 Md. R. 803)

**Administrative History:** Regulation .02B amended effective November 1, 2021 (48:19 Md. R. 803)

**Administrative History:** Regulation .03 amended effective May 1, 2007 (34:1 Md. R. 33); November 1, 2021 (48:19 Md. R. 803)

**Administrative History:** Regulation .03B amended effective October 18, 2010 (37:21 Md. R. 1438); July 16, 2015 (42:8 Md. R. 608)

#### Regulation .01 Scope.

*COMAR 31.04.14.01*

This chapter applies to a member insurer.

#### Regulation .02 Definitions.

*COMAR 31.04.14.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Corporation” means the Life and Health Insurance Guaranty Corporation.

  (2) “Health benefit plan” has the meaning stated in Insurance Article, §9-401(g), Annotated Code of Maryland.

  (3) Member Insurer.

    (a) “Member insurer” means any person authorized in this State to transact:

      (i) Direct nongroup life insurance, health insurance, annuities (including structured settlements), and supplemental policies or contracts, or health maintenance organization business to which Title 9, Subtitle 4 of the Insurance Article applies; or

      (ii) Certificates under direct group policies or contracts.

    (b) “Member insurer” does not include:

      (i) A fraternal benefit society;

      (ii) A mandatory state pooling plan;

      (iii) A mutual assessment company or any entity that operates on an assessment basis;

      (iv) An insurance exchange; or

      (v) An organization which is permitted to issue charitable gift annuity agreements.

  (4) “Resident” means a person who resides in this State at the time a member insurer is determined to be an impaired insurer or an insolvent insurer, and to whom a contractual obligation is owed.

  (5) “Supplemental contract” means an agreement entered into for the distribution of policy or contract proceeds.

#### Regulation .03 Required Notice.

*COMAR 31.04.14.03*

A. A member insurer or insurance producer may not deliver a life insurance policy, a health insurance policy, a health benefit plan (including a health maintenance organization contract or group master certificate), or an annuity contract which at the time of delivery exceeds the limitations imposed under Insurance Article, §9-407(k), Annotated Code of Maryland, or which is not subject to coverage under Insurance Article, §9-403, Annotated Code of Maryland, unless the member insurer or insurance producer before or at the time of delivery provides the policyholder or contract holder the notice described in §B of this regulation. This chapter does not prohibit a member insurer or insurance producer from delivering the notice to policyholders or contract holders who have full protection afforded by the corporation.

B. The notice required in §A of this regulation shall be in at least 12-point type and shall read as follows: