<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 31.08.05.02" title_num="31" subtitle_num="08" chapter_num="05" heading="Notice Requirement.">
  <paragraph num="A.">
    <text>This regulation does not apply to:</text>
    <paragraph num="(1)">
      <text>A change in coverage that is made at the request of the insured;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A change in coverage to a commercial risk that uses the services of a risk manager, broker, or insurance adviser;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A reduction in coverage for a policy of private passenger motor vehicle liability insurance that is subject to Insurance Article, §27-613, Annotated Code of Maryland; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>In this regulation, “delivery by electronic means” includes:</text>
    <paragraph num="(1)">
      <text>Delivery to an electronic mail address at which a party has consented to receive notice; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An insurer shall provide notice to an insured in accordance with §§D and E of this regulation if the insurer proposes to:</text>
    <paragraph num="(1)">
      <text>Eliminate or reduce coverage under a primary property or casualty policy, including a reduction in coverage caused by an increase in a deductible; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Automatically add or increase coverage under a primary property or casualty policy pursuant to policy terms that allow for any inflation or construction increases.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An insurer that is required to provide notice under §C of this regulation shall include in the notice a clear and specific description of each change in coverage that identifies:</text>
    <paragraph num="(1)">
      <text>The type of coverage that will be changed; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The dollar amount of the change in coverage.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>At least 45 days before the change in coverage is scheduled to take effect, the insurer shall send the notice to the insured by:</text>
    <paragraph num="(1)">
      <text>First class mail; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Delivery by electronic means in accordance with Insurance Article, §27-601.2, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If an insurer that proposes to eliminate or reduce coverage under a primary property or casualty policy fails to provide the notice that is required by §C of this regulation in accordance with the requirements of §§D and E of this regulation, the insurer may not implement the proposed elimination or reduction in coverage and may be subject to administrative action.</text>
  </paragraph>
</regulation>