# COMAR Title 31 — Maryland Insurance Administration ## Subtitle 08 — Property and Casualty Insurance ### Chapter 03 — Notices of Cancellation, Nonrenewal, Premium Increase, and Reduction in Coverage **Authority:** Insurance Article, §§2-109, 11-318, 27-609, 27-613, and 27-614, Annotated Code of Maryland **Administrative History:** Effective date: July 1, 1979 (6:13 Md. R. 1125) **Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective February 4, 1991 (18:2 Md. R. 149) **Administrative History:** Regulation .03 amended and .04 adopted effective December 17, 1984 (11:25 Md. R. 2133) **Administrative History:** Regulation .03 amended effective February 4, 1991 (18:2 Md. R. 149) **Administrative History:** Regulation .04 amended effective February 4, 1991 (18:2 Md. R. 149) **Administrative History:** Chapter revised as an emergency provision effective October 1, 1997 (24:22 Md. R. 1550); revised permanently effective March 23, 1998 (25:6 Md. R. 487) **Administrative History:** Chapter recodified from COMAR 09.30.34 to COMAR 31.08.03 effective September 7, 1998 (25:18 Md. R. 1439) **Administrative History:** Chapter revised effective January 1, 2003 (29:20 Md. R. 1591) (This revision applies to all cancellations of, failure to renew, increase in premiums for, and reductions in coverage under a policy of motor vehicle liability insurance that are effective on or after January 1, 2003) **Administrative History:** Regulation .03B amended effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Regulation .04 amended effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Regulation .04 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1939); amended permanently effective March 13, 2006 (33:5 Md. R. 523) **Administrative History:** Regulation .05A amended effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Regulation .07 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1939); amended permanently effective March 13, 2006 (33:5 Md. R. 523) **Administrative History:** Regulation .08 amended effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Regulation .08 amended as an emergency provision effective November 3, 2005 (32:25 Md. R. 1939); amended permanently effective March 13, 2006 (33:5 Md. R. 523) **Administrative History:** Regulation .09B amended effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Regulation .10 repealed effective March 14, 2005 (32:5 Md. R. 582) **Administrative History:** Chapter revised as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); revised permanently effective March 10, 2008 (35:5 Md. R. 642) **Administrative History:** Regulation .04 amended effective February 22, 2021 (48:4 Md. R. 178); November 15, 2021 (48:23 Md. R. 982); June 1, 2025 (52:3 Md. R. 161) **Administrative History:** Regulation .05 amended effective February 22, 2021 (48:4 Md. R. 178); November 15, 2021 (48:23 Md. R. 982); June 1, 2025 (52:3 Md. R. 161) **Administrative History:** Regulation .06A amended effective June 9, 2014 (41:11 Md. R. 606) **Administrative History:** Regulation .06A, B amended effective November 15, 2021 (48:23 Md. R. 982) **Administrative History:** Regulation .07 amended effective March 1, 2016 (42:22 Md. R. 1380); February 22, 2021 (48:4 Md. R. 178); June 1, 2025 (52:3 Md. R. 161) **Administrative History:** Regulation .08 amended effective March 1, 2016 (42:22 Md. R. 1380); February 22, 2021 (48:4 Md. R. 178); June 1, 2025 (52:3 Md. R. 161) **Administrative History:** Regulation .10 amended effective November 15, 2021 (48:23 Md. R. 982) #### Regulation .01 Purpose. *COMAR 31.08.03.01* The purpose of this chapter is to ensure that all insurers issuing private passenger motor vehicle liability insurance policies in Maryland include in their notices of cancellation, nonrenewal, premium increase, or reduction in coverage, a statement concerning the insured's right to protest the proposed action of the insurer within 30 days after the date of mailing of the notice in accordance with Insurance Article, §§27-613 and 27-614, Annotated Code of Maryland, which is incorporated by reference. #### Regulation .02 Applicability. *COMAR 31.08.03.02* This chapter applies to all motor vehicle liability insurers authorized to write private passenger motor vehicle liability insurance policies in Maryland, other than the Maryland Automobile Insurance Fund. #### Regulation .03 Definitions. *COMAR 31.08.03.03* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Affiliated insurer” means an insurer that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another insurer. (2) “Control” means the direct or indirect possession of the power to direct, or cause the direction of, the management and policies of an insurer, regardless of whether the power is exercised by: (a) Ownership of voting securities or of securities convertible into voting securities; (b) Contract, other than a commercial contract for goods or nonmanagement services; or (c) Any other means. (3) “General increase in premiums” means an increase in premiums because of a change in an insurer's rates or a modification of the insurer's rating plan. (4) “MIA Form 1006-A” means the notice of premium increase form in Regulation .07 of this chapter that insurers may use for premium increases of 15 percent or less for an entire policy. (5) “MIA Form 1006-B” means the notice of premium increase form in Regulation .08 of this chapter that insurers may use for premium increases of greater than 15 percent for an entire policy. (6) “Rating symbol” means a symbol assigned to a make or model of vehicle to reflect the loss experience of that make or model of vehicle. (7) Reclassification. (a) “Reclassification” means the placement of an insured by an insurer into a different classification based on one or more of the following criteria: (i) Age, sex, or marital status of an insured; (ii) Accident or driving record of an insured; (iii) Usage, including mileage driven, of an insured vehicle; or (iv) Performance classification (high performance, intermediate performance, and sports type) of an insured vehicle. (b) “Reclassification” does not include an offer of coverage through an affiliated insurer. (8) Reduction in Coverage. (a) “Reduction in coverage” includes: (i) A reduction of any limit for liability coverage, uninsured motorist coverage, or personal injury protection if the limit is greater than the statutorily required minimum; (ii) An increase in the deductible for or elimination of comprehensive coverage; or (iii) A reduction or elimination of towing coverage, rental coverage, or any other coverage. (b) “Reduction in coverage” does not include: (i) The elimination of any coverage that is no longer offered by an insurer in accordance with its filed rating plan; or (ii) Any reduction or elimination of coverage made at the request of the insured. #### Regulation .04 Procedure and Requirements Regarding Cancellation or Nonrenewal. *COMAR 31.08.03.04* A notice of cancellation or nonrenewal sent by an insurer to its insured in accordance with Insurance Article, §§ 27-601.2 and 27-613, Annotated Code of Maryland, shall be sent by certified mail, delivered to an electronic mail address at which the insured has consented to receive mail, or posted to an electronic network with a separate notice to the insured directed to the electronic mail address at which the insured has consented to receive notice of the posting. In addition to the information required under §27-613, the notice shall include the following on the first page of the notice in 12-point bold type: IMPORTANT “Right of Protest” The “Right of Protest” does not apply to cancellation or nonrenewal due to nonpayment of premium. You may protest the action proposed by this notice as provided under Insurance Article, § 27-613, Annotated Code of Maryland by mail, facsimile, or electronically to the Insurance Commissioner. You must file your protest within thirty (30) days after this notice was sent to you in order for your protest to be considered by the Insurance Commissioner. If you send your protest by mail or facsimile you, the named insured, must sign a copy of this notice and send it to: Insurance Commissioner Maryland Insurance Administration 200 St. Paul Place Suite 2700 Baltimore, Maryland 21202 Fax Number 410-468-2307 You may file your protest electronically by uploading a copy at the following link: https://enterprise.insurance.maryland.gov/consumer/ConsumerPortalWelcomePage.aspx Your timely filed protest stays the action proposed by this notice. Accordingly, your insurance policy will remain in effect with the same coverages and premium that applied on the date this notice was sent to you until a determination is made by the Insurance Commissioner. In order to keep your policy in effect, however, you must timely pay any authorized premium due or becoming due before the determination is issued. The Insurance Commissioner will determine whether your protest has merit. You will then be notified in writing whether the proposed action is disallowed or your protest is dismissed. If the protest is dismissed, you then have the right, within thirty (30) days after the date on which the Commissioner sends you the determination, to request a hearing. If you request a hearing, you will be notified in writing of the time and place of the hearing at least ten (10) days before the hearing. The Commissioner shall order the insurer to pay reasonable attorney fees incurred by you for representation at the hearing if the Commissioner finds that: (1) the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with §27-501 of the Insurance Article, the insurer's filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation or nonrenewal; and (2) the insurer's conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute. I protest the action proposed by the insurer. My reasons for protesting the action are: ______________________________________________________ Signature (Named Insured) – required if protest submitted by mail or fax: __________________________ Date: _____________ Insured’s Daytime Phone Number: __________________________ Insured’s Email Address: __________________________________ #### Regulation .05 Procedure and Requirements Regarding a Reduction in Coverage. *COMAR 31.08.03.05* A notice of cancellation or nonrenewal sent by an insurer to its insured in accordance with Insurance Article, §§ 27-601.2 and 27-613, Annotated Code of Maryland, shall be sent by certified mail, delivered to an electronic mail address at which the insured has consented to receive mail, or posted to an electronic network with a separate notice to the insured directed to the electronic mail address at which the insured has consented to receive notice of the posting. In addition to the information required under §27-613, the notice shall include the following on the first page of the notice in 12-point bold type: IMPORTANT “Right of Protest” The “Right of Protest” does not apply to cancellation or nonrenewal due to nonpayment of premium. You may protest the action proposed by this notice as provided under Insurance Article, § 27-613, Annotated Code of Maryland by mail, facsimile, or electronically to the Insurance Commissioner. You must file your protest within thirty (30) days after this notice was sent to you in order for your protest to be considered by the Insurance Commissioner. If you send your protest by mail or facsimile you, the named insured, must sign a copy of this notice and send it to: Insurance Commissioner Maryland Insurance Administration 200 St. Paul Place Suite 2700 Baltimore, Maryland 21202 Fax Number 410-468-2307 You may file your protest electronically by uploading a copy at the following link: https://enterprise.insurance.maryland.gov/consumer/ConsumerPortalWelcomePage.aspx Your timely filed protest stays the action proposed by this notice. Accordingly, your insurance policy will remain in effect with the same coverages and premium that applied on the date this notice was sent to you until a determination is made by the Insurance Commissioner. In order to keep your policy in effect, however, you must timely pay any authorized premium due or becoming due before the determination is issued. The Insurance Commissioner will determine whether your protest has merit. You will then be notified in writing whether the proposed action is disallowed or your protest is dismissed. If the protest is dismissed, you then have the right, within thirty (30) days after the date on which the Commissioner sends you the determination, to request a hearing. If you request a hearing, you will be notified in writing of the time and place of the hearing at least ten (10) days before the hearing. The Commissioner shall order the insurer to pay reasonable attorney fees incurred by you for representation at the hearing if the Commissioner finds that: (1) the actual reason for the proposed action is not stated in the notice or the proposed action is not in accordance with §27-501 of the Insurance Article, the insurer's filed rating plan, its underwriting standards, or the lawful terms and conditions of the policy related to a cancellation or nonrenewal; and (2) the insurer's conduct in maintaining or defending the proceeding was in bad faith or the insurer acted willfully in the absence of a bona fide dispute. I protest the action proposed by the insurer. My reasons for protesting the action are: ______________________________________________________ Signature (Named Insured) – required if protest submitted by mail or fax: __________________________ Date: _____________ Insured’s Daytime Phone Number: __________________________ Insured’s Email Address: __________________________________ #### Regulation .06 Procedures and Requirements Regarding an Increase in Premium. *COMAR 31.08.03.06* A. Scope. (1) Except as provided in §A(2) of this regulation, this regulation applies to any increase in premium by an insurer. (2) This regulation does not apply to an increase in premium due to: (a) A general increase in premiums filed with the Commissioner if the increase in premium of the insured does not result from a reclassification of the insured; (b) The addition of a motor vehicle to a policy; (c) A change of motor vehicle covered by a policy; (d) A change in vehicle usage that results in a change in driver class; (e) A change of territory; (f) A change in the age, sex, or marital status of an insured. (g) An increase in coverage limits requested by the insured; (h) The addition of a driver; (i) The removal of a multi-policy discount; (j) Any request by an insured that results in a change in coverage, decrease in deductible, or other change to a policy; (k) The removal or reduction of a discount unless the discount is removed or reduced wholly or partly due to: (i) An accident; (ii) A violation of the Maryland Vehicle Law or the vehicle law of another state; (iii) The claims history of the insured; (iv) A retiering of the insured; or (v) The application of a program that measures the operation of an insured vehicle during the current policy period as referenced in Insurance Article, §11-318, Annotated Code of Maryland; (l) The change or modification of a rating symbol; (m) The recalculation of a premium by an insurer during the 45-day underwriting period in accordance with Insurance Article, §12-106(d)(2) and (3), Annotated Code of Maryland; or (n) Any other cause for an increase in premium for which the Commissioner waives the notice requirement. B. Notice. (1) Before an insurer may increase a premium, the insurer shall comply with the notice requirements of Insurance Article, §27-614, Annotated Code of Maryland. (2) The insurer shall send a notice of premium increase to its insured using a first-class mail tracking method. C. Form of Notice. (1) If an increase in premium is 15 percent or less for an entire policy, the insurer shall use MIA Form 1006-A in Regulation .07 of this chapter or a substantially similar form. (2) If an increase in premium is greater than 15 percent for an entire policy, the insurer shall use MIA Form 1006-B in Regulation .08 of this chapter or a substantially similar form. (3) If an insurer uses a form other than MIA Form 1006-A or MIA Form 1006-B, the insurer shall submit the form to the Commissioner for approval before the insurer may use the form. (4) In order to be considered substantially similar to MIA Form 1006-A or MIA Form 1006-B, a form shall: (a) At a minimum, contain the same information that is contained in MIA Form 1006-A or MIA Form 1006-B; (b) Be printed in 12-point word processing point size in Arial, Universal, or another font that is as large or larger in size and spacing; and (c) Contain the language of the “Right to Protest” section from MIA Form 1006-A or MIA Form 1006-B starting on the first page of the form. #### Regulation .07 MIA Form 1006-A. *COMAR 31.08.03.07* FORM ADD AT END OF CHAPTER #### Regulation .08 MIA Form 1006-B. *COMAR 31.08.03.08* FORM ADDED AT END OF CHAPTER #### Regulation .09 Statement of Actual Reason. *COMAR 31.08.03.09* A. Applicability to Binders. This regulation applies to a binder only if the binder has been in effect for at least 45 days. B. Contents of Statement. If an insurer cancels, refuses to renew, increases a premium for, or reduces coverage under a policy or binder of private passenger motor vehicle liability insurance, the statement of actual reason required by Insurance Article, §§27-613 or 27-614, Annotated Code of Maryland, shall include at a minimum: (1) If the action of the insurer is due wholly or partly to an accident: (a) The name of the driver; (b) The date of the accident; and (c) If fault is a material factor for the insurer's action, a statement that the driver was at fault. (2) If the action of the insurer is due wholly or partly to a violation of Maryland vehicle law or the vehicle laws of another state: (a) The name of the driver; (b) The date of the violation; and (c) A description of the violation. (3) If the action of the insurer is due wholly or partly to the claims history of an insured: (a) The date that the claim that is the basis of the insurer's action occurred; and (b) A description of each claim, such as: (i) “Theft of vehicle on [date]”; (ii) “Vandalism of vehicle on [date]”; or (iii) “Towing claim on [date]”; or (4) If the action of the insurer is due wholly or partly to a reason other than those described in §B(1)—(3) of this regulation or to a violation of the terms and conditions of the policy or the underwriting standards of the insurer, a description of the action of the insured that is the basis of the insurer's action, such as: (a) “Insured loans the insured vehicle to an excluded driver”; or (b) “Insured loans the insured vehicle to a non-listed driver”. C. In addition to the information required by §B of this regulation, with respect to a cancellation or nonrenewal, the statement of actual reason required by Insurance Article, §27-613, Annotated Code of Maryland, shall include a statement that the action by the insured that is the basis of the cancellation or nonrenewal violates the insurer's rating criteria or underwriting standards. #### Regulation .10 Record Retention Requirements. *COMAR 31.08.03.10* A. Length of Retention. An insurer that provides a notice of cancellation, nonrenewal, premium increase, or reduction in coverage pursuant to Insurance Article, §27-613 or 27-614, Annotated Code of Maryland, and this chapter, shall retain a copy of the notice and its proof of mailing for at least 3 years from the effective date of the notice. B. Form of Records. An insurer may maintain a copy of a notice and the proof of mailing required to be retained by §A of this regulation in paper, photographic, microprocessed, magnetic, mechanical, electronic, digital, or any other medium, if the copy of the notice and proof of mailing are maintained in a manner that: (1) Is clear and legible; (2) Accurately reproduces the original document in its entirety, including any attachments to the document; (3) Is capable of producing a clear and legible hard copy of the original document; and (4) Preserves evidence of any signature contained on the document.