<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 31.15.10.02" title_num="31" subtitle_num="15" chapter_num="10" heading="Homeowner's Insurance.">
  <paragraph num="A.">
    <text>Scope. This regulation applies to homeowner's insurance.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Weather-Related Claims—Presumption. A claim is presumed to be a weather-related claim if the loss was caused by snow, rain, sleet, hail, lightning, freezing, thawing, change in barometric pressure, or a similar condition.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Weather-Related Claims—Standard for Cancellation or Nonrenewal.</text>
    <paragraph num="(1)">
      <text>An insurer may not combine a weather-related claim that is excepted from the business purposes standard by Insurance Article, §27-501(i)(1), Annotated Code of Maryland, with any other factor for the purpose of canceling or refusing to renew coverage unless there were three or more weather-related claims within the preceding 3 years.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For purposes of cancellation of, or refusal to renew, coverage based on weather-related claims pursuant to Insurance Article, §27-501(i)(1), Annotated Code of Maryland, an insurer may consider a weather-related claim notwithstanding any remediation by the insured that may prevent a similar weather-related claim from arising in the future.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Weather-Related Claims—Repair Notice.</text>
    <paragraph num="(1)">
      <text>An insurer may consider claims for weather-related events for the purpose of canceling, or refusing to renew, coverage after providing a repair notice to an insured pursuant to Insurance Article §27-501(i)(2), Annotated Code of Maryland, only if the repair was sent following:</text>
      <paragraph num="(a)">
        <text>An inspection of the insured's premises or dwelling; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The filing of a claim by the insured where the insurer's adjuster recognized the need for the repair after inspecting the premises or dwelling where the claim arose.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An insurer that provides a repair notice to an insured may satisfy the requirements of Insurance Article, §27-501(i)(2), Annotated Code of Maryland, by sending the repair notice to the insured by first class mail, in accordance with the insurer's regular business practices.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An insurer may not consider a weather-related claim for the purpose of canceling, or refusing to renew, coverage due to the insured's failure to make repairs or replacement after mailing of a repair notice unless the repair notice was mailed at least 60 days before the weather-related event that gave rise to the loss for which a claim was made.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Insurance Article, §27-501(i)(2), Annotated Code of Maryland, does not allow an insurer to cancel, or refuse to renew, coverage based wholly or partly on an insured's failure to make repair or replacement after mailing of a repair notice unless the insurer meets the business purposes standard, which may be met by meeting one of the standards listed in Insurance Article, §27-501(j), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Material Misrepresentation.</text>
    <paragraph num="(1)">
      <text>For purposes of Insurance Article, §27-501(j)(1)(i), Annotated Code of Maryland, a material misrepresentation is a misrepresentation but for which an insurer would:</text>
      <paragraph num="(a)">
        <text>Not have provided coverage; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have denied a claim or any part of a claim.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For purposes of Insurance Article, §27-501(j)(1)(i), Annotated Code of Maryland, a material misrepresentation does not include a good faith representation of the value of a claim or any part of a claim.</text>
    </paragraph>
  </paragraph>
</regulation>