<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 31.08.15.04" title_num="31" subtitle_num="08" chapter_num="15" heading="Discovery of Material Risk Factor During Underwriting Period.">
  <paragraph num="A.">
    <text>If an insurer discovers a material risk factor during the underwriting period, the insurer shall recalculate the premium for the policy or binder based on the material risk factor as long as the risk continues to meet the underwriting standards of the insurer in accordance with the rates and supplementary rating information filed under Insurance Article, Title 11, Subtitle 3, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Notice of Recalculated Premium.</text>
    <paragraph num="(1)">
      <text>The amount of the recalculated premium;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reason for the increase or reduction in the premium in accordance with §C of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That the insured has the right to terminate the policy and receive a pro rata refund of any premium paid by notifying the insurer of the termination.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Reason for Increase or Reduction in Premium.</text>
    <paragraph num="(1)">
      <text>In stating the reasons for the increase or reduction in the premium, the insurer shall identify each material risk factor that was discovered during the 45-day underwriting period and,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Examples of acceptable reasons required by §C(1) of this regulation include, but are not limited to:</text>
      <paragraph num="(a)">
        <text>Premium recalculated due to [NAME OF DRIVER] moving violation on [DATE OF EVENT];</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Safe driver discount removed due to [NAME OF DRIVER] at fault loss on [DATE OF EVENT];</text>
      </paragraph>
      <paragraph num="(c)">
        <text>[NAME OF DRIVER] was not listed on the application. Policy must be re-rated or signed driver exclusion must be completed;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Applicant does not currently have an automobile policy with the Company, Multi Policy Discount removed;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Policy was issued without the auto/home discount; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Premium recalculated due to lack of a central alarm system.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The use of generalized phrases such as “change in prior insurance status,” “change in vehicle symbol,” or “change in protection code” does not meet the requirements of §C(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Form of Notice.</text>
    <paragraph num="(1)">
      <text>An insurer that is required to provide a notice of recalculated premium under §B of this regulation shall provide the notice to an insured on:</text>
      <paragraph num="(a)">
        <text>The form contained in Regulation .05 of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A form that is filed with and approved by the Commissioner.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If an insurer utilizes a form other than the one contained in Regulation .05 of this chapter, the form shall:</text>
      <paragraph num="(a)">
        <text>Include a statement that the insured may contact the insurer or, if applicable, the insured’s insurance producer for additional information concerning the reason for the insurer’s action and how the action affected the premium charged; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide the telephone number for the insurer that the insured may use to obtain additional information about the insurer’s action, or, in lieu of the insurer’s contact information, provide the telephone number for the insured’s insurance producer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If an insurer includes a notice of recalculated premium on a form that contains other information, the insurer shall:</text>
      <paragraph num="(a)">
        <text>Place the notice of recalculated premium in a conspicuous location on the form; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Print the text of the notice of recalculated premium in at least 12-point type.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Delivery of Notice.</text>
    <paragraph num="(1)">
      <text>An insurer that is required to provide a written notice under §B of this regulation shall send the notice to the policyholder not later than the end of the 45-day underwriting period by:</text>
      <paragraph num="(a)">
        <text>First-class mail tracking method; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Delivery by electronic means in accordance with Insurance Article, §27-601.2, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An insurer may send the notice required under §B of this regulation to the policyholder with the policy, declarations page, or any other document that the insurer sends to the policyholder.</text>
    </paragraph>
  </paragraph>
</regulation>