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<chapter num="06" heading="Nation-Wide Marine Definition and Plan for Interpretation" title_num="31" subtitle_num="08">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <paragraph num="A.">
      <text>The Nation-Wide Marine Definition which was approved by the National Association of Insurance Commissioners on June 12, 1953, is hereby adopted for use in Maryland, and all insurance policies issued or renewed on or after September 1, 1953, were and shall be subject to the provisions of the Nation-Wide Marine Definition.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The purpose of this chapter is to describe the kinds of risks and coverages which may be classified or identified under State Insurance Laws as marine, inland marine, or transportation insurance, but does not include all of the kinds of risks and coverages which may be written, classified, or identified under marine, inland marine, or transportation insuring powers. This chapter may not be construed to mean that the kinds of risks and coverages are solely marine, inland marine, or transportation insurance in all instances.</text>
    </paragraph>
    <paragraph num="C.">
      <text>This chapter may not be construed to restrict or limit in any way the exercise of any insuring powers granted under charters and license whether used separately, in combination or otherwise.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Coverage.">
    <paragraph num="A.">
      <text>Marine or transportation policies, or both, may cover under the following conditions provided in this regulation.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Imports.</text>
      <paragraph num="(1)">
        <text>A shipment on consignment means property consigned and intrusted to a factor or agent to be held in his care, or under his control for sale for account of another or for exhibit or trial or approval or auction, and if not disposed of, to be returned.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Imports on consignment may be covered wherever the property may be and without restriction as to time, provided the coverage of the issuing companies includes hazards of transportation.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Imports not on consignment in such places of storage as are usually employed by importers, provided the coverage of the issuing companies includes hazards of transportation.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>These policies may also include the same coverage in respect to property purchased on C. I. F. terms or spot purchases for inclusion with or in substitution for bona fide importations.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>An import, as a proper subject of marine or transportation insurance, shall be deemed to maintain its character as such so long as the property remains segregated in the original form or package in such a way that it can be identified and has not become incorporated and mixed with the general mass of property in the United States, and shall be deemed to have been completed when the property has been:</text>
        <paragraph num="(a)">
          <text>Sold and delivered by the importer, factor or consignee;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Removed from place of storage as described in §B(3) of this regulation and placed on sale as part of importer's stock in trade at a point of sale-distribution; or</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Delivered for manufacture, processing, or change in form to premises of the importer or of another used for these purposes.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Exports.</text>
      <paragraph num="(1)">
        <text>Exports may be covered whenever the property may be without restriction as to time, provided the coverage of the issuing companies includes hazards of transportation.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>An export, as a proper subject of marine or transportation insurance, shall be deemed to acquire its character as such when designated or while being prepared for export and retain that character unless diverted for domestic trade, and when so diverted, the provisions of §D of this regulation respecting domestic shipments shall apply, provided, however, that this provision does not apply to long established methods of insuring certain commodities, for example, cotton.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Domestic Shipments.</text>
      <paragraph num="(1)">
        <text>Domestic shipments on consignment, provided the coverage of the issuing companies includes hazards of transportation:</text>
        <paragraph num="(a)">
          <text>Property shipped on consignment for sale or distribution, while in transit and not exceeding 120 days after arrival at consignee's premises or other place of storage or deposit; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Property shipped on consignment for exhibit, or trial, or approval or auction, while in transit, while in the custody of others and while being returned.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Domestic shipments not on consignment, provided the coverage of the issuing companies includes hazards of transportation, beginning and ending within the United States, provided that these shipments may not be covered at manufacturing premises or after arrival at premises owned, leased, or operated by assured or purchaser, or for more than 90 days at other place of storage or deposit, except in premises of transportation companies or freight forwarders, when the storage is incident to transportation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Bridges, Tunnels, and Other Instrumentalities of Transportation and Communication.</text>
      <paragraph num="(1)">
        <text>Bridges, tunnels, and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents, and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion are the only hazards to be covered. Piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion. Other aids to navigation and transportation, including dry docks and marine railways, against all risks.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The foregoing includes:</text>
        <paragraph num="(a)">
          <text>Bridges, tunnels, other similar instrumentalities, unless fire, lightning, windstorm, sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion are the only perils to be covered;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Piers, wharves, docks, and slips, but excluding the risks of fire, lightning, windstorm, sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Pipelines, including on-line propulsion, regulating and other equipment appurtenant to pipelines, but excluding all property at manufacturing, producing, refining, converting, treating, or conditioning plants;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Power transmission and telephone and telegraph lines, excluding all property at generating, converting, or transforming stations, sub-stations, and exchanges;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Radio and television communication equipment in commercial use as such including towers and antennae with auxiliary equipment, and appurtenant electrical operating and control apparatus but excluding buildings, their improvements and betterments, furniture and furnishings, and supplies held in storage in the building;</text>
        </paragraph>
        <paragraph num="(f)">
          <text>Outdoor cranes, loading bridges, and similar equipment used to load, unload, and transport.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="F.">
      <text>Personal Property Floater Risks—Individuals.</text>
      <paragraph num="(1)">
        <text>Tourists floater, personal effects floater policies.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The personal property floater.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Government service floaters.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Personal fur floaters.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Personal jewelry floaters.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Wedding present floaters for not exceeding 90 days after the date of the wedding.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>Silverware floaters.</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>Personal Property Floater Risks—General Coverage.</text>
      <paragraph num="(1)">
        <text>Fine Arts Floaters, Stamp and Coin Floaters. To cover objects of art such as pictures, statuary, bronzes and antiques, rare manuscripts and books, articles of virtu, etc.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Musical Instrument Floaters. Radios, televisions, record players, and combinations thereof are not deemed musical instruments.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Radium Floaters.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Physicians' and Surgeons' Instrument Floaters. These policies may include coverage of the furniture, fixtures, and tenant assured's interest in the improvements and betterments of buildings as are located in that portion of the premises occupied by the assured in the practice of his profession.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Pattern and die floaters, excluding coverage on the owner's premises.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Theatrical floaters, excluding buildings and their improvements and betterments, and furniture and fixtures that do not travel about with theatrical troupes.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>Film floaters, including builders' risk during the production and coverage on completed negatives and positives and sound records.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>Salesmen's samples floaters.</text>
      </paragraph>
      <paragraph num="(9)">
        <text>Jewelers' block policies, including tenant assured's interest in improvements and betterments of buildings, furniture, fixtures, tools, machinery, patterns, molds, and dies.</text>
      </paragraph>
      <paragraph num="(10)">
        <text>Exhibition policies on property while on exhibition and in transit to or from the exhibitions.</text>
      </paragraph>
      <paragraph num="(11)">
        <text>Live animal floaters, covering wherever animals, wagons, and mobile equipment may be.</text>
      </paragraph>
      <paragraph num="(12)">
        <text>Installation Risks.</text>
        <paragraph num="(a)">
          <text>Installation risks, covering machinery and equipment including plumbing, heating, cooling and electrical systems (as distinguished from building materials) while in transit to place of installation and during the period of installation and testing. Coverage shall cease when whichever of the following first occurs:</text>
          <paragraph num="(i)">
            <text>When the property is insured for the account of the seller or installer, when the interest of the insured ceases; or</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Not later than when the property has been accepted as satisfactory.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Building materials (e.g., structural steel, lumber, bricks and mortar), while in transit to place of installation and after arrival thereat but the coverage shall terminate when the materials are installed and have become a physical part of the realty or when the seller's interest ceases, whichever first occurs.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(13)">
        <text>Mobile articles, machinery, and equipment floaters (excluding motor vehicles designed for highway use and auto homes, trailers, and semitrailers except when hauled by tractors not designed for highway use and snowplows constructed exclusively for highway use), covering identified property of a mobile or floating nature, not on sale or consignment, or in course of manufacture, which has come into the custody or control of parties who intend to use the property for the purpose for which it was manufactured or created. These policies do not cover furniture and fixtures not customarily used away from premises where the property is usually kept.</text>
      </paragraph>
      <paragraph num="(14)">
        <text>Bailees.</text>
        <paragraph num="(a)">
          <text>Property in transit to or from and in the custody of:</text>
          <paragraph num="(i)">
            <text>Bleacheries, throwsters, fumigatories, dyers, cleaners, laundries, and similar bailees;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Needleworkers;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Other bailees (not owned, controlled, or operated by the bailor) for the purpose of performing work thereon (as distinguished from the making of a complete article) including the treatment of, or assemblage of property on the premises of bailees.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>These policies do not cover bailee's property at his premises.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(15)">
        <text>Installment Sales and Leased Property. Policies covering property sold under conditional contract of sale, partial payment contract, installment sales contract, or leased but excluding motor vehicles designed for highway use. These policies shall cover in transit but may not extend beyond the termination of the seller's or lessor's interest. This subsection is not intended to include machinery and equipment under certain “lease-back” contracts.</text>
      </paragraph>
      <paragraph num="(16)">
        <text>Garment contractors floaters.</text>
      </paragraph>
      <paragraph num="(17)">
        <text>Furriers or fur storer's customer's policies (that is, policies under which certificates or receipts are issued by furriers or fur storers) covering specified articles the property of customers.</text>
      </paragraph>
      <paragraph num="(18)">
        <text>Accounts receivable policies, valuable papers and records policies.</text>
      </paragraph>
      <paragraph num="(19)">
        <text>Cold storage locker plant policies, covering merchandise of customers consisting principally of meats, game, fish, poultry, fruit, vegetables, and property of a similar nature.</text>
      </paragraph>
      <paragraph num="(20)">
        <text>Floor plan policies, covering property for sale while in possession of dealers under a floor plan or any similar plan under which the dealer borrows money from a bank or lending institution with which to pay the manufacturer, provided:</text>
        <paragraph num="(a)">
          <text>That:</text>
          <paragraph num="(i)">
            <text>The merchandise is specifically identifiable as encumbered to the bank or lending institution;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>The dealer's right to sell or otherwise dispose of the merchandise is conditioned upon its being released from encumbrance by the bank or lending institution;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>The policies cover in transit and do not extend beyond the termination of the dealer's interest.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>That the policies may not cover automobiles or motor vehicles; merchandise for which the dealer's collateral is the stock or inventory as distinguished from merchandise specifically identifiable as encumbered to the lending institution.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(21)">
        <text>Sign and Street Clock Policies, covering neon signs, automatic or mechanical signs, street clocks, while in use as such.</text>
      </paragraph>
      <paragraph num="(22)">
        <text>Inland Marine Policies.</text>
        <paragraph num="(a)">
          <text>The following policies covering property which, when sold to the ultimate purchaser, may be covered specifically, by the owner, under Inland Marine Policies:</text>
          <paragraph num="(i)">
            <text>Musical Instrument Dealers' Policies, covering property consisting principally of musical instruments, and their accessories. Radios, televisions, record players and combinations thereof are not deemed musical instruments.</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Camera Dealers' Policies, covering property consisting principally of cameras and their accessories.</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Furrier's Dealers' Policies, covering property consisting principally of fur and fur garments.</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Equipment Dealers' Policies, covering mobile equipment consisting of binders, reapers, tractors, harvesters, harrows, tedders, and other similar agricultural equipment and accessories; construction equipment consisting of bulldozers, road scrapers, tractors, compressors, pneumatic tools, and similar equipment and accessories; but excluding motor vehicles designed for highway use.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>These policies may include coverage of tenant assured's interest in improvements and betterments of building and of furniture, fixtures, tools, machinery, patterns, molds, and dies.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(23)">
        <text>Wool Growers' Floaters.</text>
      </paragraph>
      <paragraph num="(24)">
        <text>Domestic Bulk Liquids Policies, covering domestic bulk liquids stored in tanks provided the risks of fire and inherent explosion, windstorm, sprinkler leakage, earthquake, hail, explosion, riot, or civil commotion are excluded from the policy.</text>
      </paragraph>
      <paragraph num="(25)">
        <text>Furniture Shipment Policies, covering furniture, fixtures, and equipment in bona fide course of shipment from one location to another location of the owner including in place of deposit incident to the transportation while awaiting determination or availability of final destination, in which event they shall cover at time of issuance transportation to or from the place of deposit but may not cover after delivery at destination.</text>
      </paragraph>
    </paragraph>
    <paragraph num="H.">
      <text>Unless otherwise permitted, nothing in the foregoing shall be construed to permit marine or transportation policies to cover:</text>
      <paragraph num="(1)">
        <text>Storage of assured's merchandise, except as provided above;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Merchandise in course of manufacture, the property of and on the premises of the manufacturer;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Furniture and fixtures and improvements and betterments to buildings;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Merchandise in a permanent location, sold under partial payment, contract of sale, or installment sales contract, which involves protection of the purchaser's interest after seller's interest ceases;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Monies or securities, or both, in safes, vaults, safety deposit vaults, bank or assured's premises, except while in course of transportation;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Risks of fire, windstorm, sprinkler leakage, earthquake, hail, explosion, riot, or civil commotion on buildings, structures, wharves, piers, docks, bulkheads, and sheds and other fixed real property on land or over water, except as provided above.</text>
      </paragraph>
    </paragraph>
    <paragraph num="I.">
      <text>Inland Marine Insurance.</text>
      <paragraph num="(1)">
        <text>The following property, when owned and used for pleasure and not for business, hire, or other commercial use, shall be classified as Inland Marine Insurance:</text>
        <paragraph num="(a)">
          <text>Outboard motors, including their equipment and appurtenances;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Rowboats, canoes and boats not exceeding 16 feet in overall length, measured on the centerline and designed exclusively to be propelled by one or more outboard motors;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Equipment and appurtenances, including boat carriers and trailers, used or designed for use with the above.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Coverage of any of the property specified in §I(1) of this regulation in conjunction with vessels not falling within §I(1)(b) need not be classified as inland marine insurance.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Insurance Article, §§1-101(y), (z), and (qq) and 2-109, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: September 1, 1953</annotation>
    <annotation type="History" subtype="Administrative History">Amended effective December 1, 1959; January 1, 1964; November 1, 1965; May</annotation>
    <annotation type="History" subtype="Administrative History">1, 1968</annotation>
    <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 09.30.14 to COMAR 31.08.06 effective September 7, 1998 (25:18 Md. R. 1439)</annotation>
  </annotations>
</chapter>