<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 31.04.19.04" title_num="31" subtitle_num="04" chapter_num="19" heading="Submission Requirements for File and Use Method.">
  <paragraph num="A.">
    <text>An insurer may request that a form filing be accepted under a file and use method.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The cover letter included with forms filed under the file and use method shall include the following:</text>
    <paragraph num="(1)">
      <text>A reference line that indicates that the forms are being filed under the file and use method;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A list of the forms included in the submission; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For each form listed in the cover letter required under §B(2) of this regulation, a cite to the authority to file the form under Regulation .05 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The use of the file and use method shall be limited in accordance with the types of forms specified in Regulation .05 of this chapter.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An insurer may not combine in the same submission:</text>
    <paragraph num="(1)">
      <text>Forms filed under the file and use method; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Forms filed under the prior approval method.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A request under a file and use method shall include a signed certification from a responsible officer that, to the best of the officer's knowledge and belief, the forms comply with applicable statutes and regulations.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A filing made under a file and use method shall be subject to the same filing fee requirements applicable to filings made under a prior approval method.</text>
  </paragraph>
  <paragraph num="G.">
    <text>An insurer may issue a form for delivery in Maryland that was filed under the file and use method at the earlier of the following dates:</text>
    <paragraph num="(1)">
      <text>30 days after the date the form has been received by the Commissioner, provided the Commissioner has not previously disapproved the filing; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The date the insurer receives written notice from the Commissioner that the filing has been accepted under the file and use method.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>An insurer may not use the file and use method before the insurer has had a certificate of authority to write the same type of coverage in Maryland for at least 12 months.</text>
  </paragraph>
  <paragraph num="I.">
    <text>An insurer may not use the file and use method to file a form in Maryland if:</text>
    <paragraph num="(1)">
      <text>The form has previously been disapproved by the Commissioner;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The form has been previously filed for approval with the Commissioner under the prior approval method and is still pending final disposition with the Commissioner; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commissioner has decided that the form has been previously withdrawn by the insurer in accordance with COMAR 31.04.17.05.</text>
    </paragraph>
  </paragraph>
</regulation>