QuickServe State Laws
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QuickServe State Laws |
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Maryland
1. Unfair Claims Practices Act
2. Unfair Trade Practices Act
3. Imitation Crash Parts Regulations
4. Anti-Steering Regulations
5. Timely & Proper Notification
6. Timely & Proper Payment
7. False & Misleading Advertising
8. False Use of Insurer’s Name
9. Total Losses
10. Consumer Sales Practices Acts
11. Consumer Auto Repair Practices Acts
12. Telemarketing laws
13. Home Sales Act
14. Licensing Adjusters - public only
15. Diminished Value - no law we have found yet.
16. Miscellaneous
definitions: more>> click here for more information on a section.
updates>> click here for possible future updates of that section; current text
is shown in full.
Unfair Claims Practices Act
It is an unfair claim settlement practice and a violation of this subtitle for
an insurer or nonprofit health service plan to:
(1) misrepresent pertinent facts or policy provisions that relate to the claim
or coverage at issue;
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-303
31.15.07.03
.03 Unfair Claim Settlement Practices.
A. A prohibited unfair claim settlement practice occurs if an insurer commits
one or more of the following acts:
(1) Misrepresents pertinent facts or policy provisions relating to the claim at
issue. For the purposes of this regulation, misrepresentation includes, but is
not limited to, the following acts:
(a) Providing incomplete or misleading disclosure of pertinent facts or policy
provisions relating to the claim at issue;
(b) Concealing from a first-party claimant benefits, coverages, or other
provisions of a policy when these benefits, coverages, or other provisions are
pertinent to the claim at issue;
(c) Failing, upon written request, to disclose to a first-party claimant all
benefits, coverages, or other provisions of an insurance policy under which a
claim is presented;
(d) Except when there is a time limit specified in the policy or provided by
law, making oral or written statements to any claimant that:
(i) There is a requirement that the claimant give written notice of loss or
proof of loss within a specified time, and
(ii) The company is relieved of its obligations under the policy if the time
limit is not complied with;
(e) Making oral or written statements to any claimant that there is a
requirement that the claimant sign a release that extends beyond the subject
matter that gave rise to the claim payment; or
(f) Issuing a check or draft in partial settlement of a loss or claim under a
specific coverage or coverages, which check or draft contains language releasing
the insurer or its insured from their total liability.
(2) Attempts to settle a claim on the basis of an application which has been
altered without notice to, or the knowledge or consent of, the insured. An
insurer may not be found to have violated this regulation unless the:
(a) Insurer knew or had reason to know of the alteration; and
(b) Alteration is material to settlement of the claim at issue.
(3) Refuses to pay a claim for an arbitrary or capricious reason based on all
available information.
(4) Fails to include, in any claim paid to an insured or beneficiary, a
statement or other identification setting forth the specific policy coverage
under which the payment is made.
(5) Fails to make a good faith attempt to settle a claim promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(6) Fails to promptly provide a reasonable explanation of the basis for denial
of a claim when requested to do so.
B. A prohibited unfair claim settlement practice occurs if an insurer commits
one or more of the following acts with such frequency as to indicate a general
business practice:
(1) Misrepresents pertinent facts or policy provisions relating to the coverages
at issue. For the purposes of this regulation, misrepresentation includes, but
is not limited to, the following acts:
(a) Providing incomplete or misleading disclosure of pertinent facts or policy
provisions related to the coverages at issue;
(b) Concealing from a first-party claimant benefits, coverages, or other
provisions of a policy when these benefits, coverages, or other provisions are
pertinent to the claim at issue;
(c) Failing, upon written request, to disclose to a first-party claimant all
benefits, coverages, or other provisions of an insurance policy under which a
claim is presented;
(d) Except when there is a time limit specified in the policy or provided by
law, making oral or written statements to any claimant that:
(i) There is a requirement that the claimant give written notice of loss or
proof of loss within a specified time, and
(ii) The company is relieved of its obligations under the policy if the time
limit is not complied with;
(e) Making oral or written statements by any claimant that there is a
requirement that the claimant sign a release that extends beyond the subject
matter that gave rise to the claim payment; or
(f) Issuing a check or draft in partial settlement of a loss or claim under a
specific coverage or coverages, which check or draft contains language releasing
the insurer or its insured from total liability.
(2) Fails to include, in claims paid to insureds or beneficiaries, statements or
other identification setting forth the specific policy coverage under which the
payments are made.
(3) Fails to promptly provide to any claimants reasonable explanations of the
basis for denial of claims or the offer of compromise settlements.
(4) Fails to adopt and implement reasonable standards for the prompt
investigation of claims arising under policies.
(5) Refuses to pay claims without conducting reasonable investigations based on
all available information.
(6) Fails to make good faith attempts to settle claims promptly, fairly, or
equitably once liability has become reasonably clear.
(7) Compels insureds to institute litigation to recover amounts due them under
policies by offering substantially less than the amounts ultimately recovered in
actions brought by the insureds.
(8) Attempts to settle claims on the basis of applications which have been
altered without notice to, or the knowledge or consent of, insureds. An insurer
may not be found to have violated this regulation unless the:
(a) Insurer knew or had reason to know of the alterations; and
(b) Alterations are material to settlement of the claims at issue.
(9) Fails to make good faith attempts to settle claims promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(10) Fails, upon receipt of notification of claims, to acknowledge receipt of
the notification within 15 working days, unless payment is made within that
period of time.
(11) Fails, upon receipt of inquiries from the Maryland Insurance Administration
regarding claims, to furnish the Maryland Insurance Administration with adequate
responses to the inquiries within 15 working days.
(12) Fails to affirm or deny coverage of claims within 15 working days after
receiving properly completed claim forms or other proofs of loss, unless the
provisions of Regulation .04B of this chapter apply or unless there is a time
limit specified in the policy.
(13) Refuses to fully satisfy claims for arbitrary or capricious reasons.
(14) Refuses or unreasonably delays payment to claimants of amounts due them
when coverage, liability, and amount of damages are reasonably clear.
(15) Fails to provide appropriate replies to claimants or their representatives
within 15 working days of receiving written communications from claimants or
their representatives which suggest that a response is expected.
C. The provision of any claim forms required by the insurer, instructions, and
reasonable assistance, in order that first-party claimants can comply with
policy conditions and the insurer's reasonable requirements for filing claims,
shall satisfy the requirement that insurers acknowledge receipt of notification
of claims within 15 working days.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.03.htm
§ 19-511. Same - Settlement procedures.
(a) Notice of settlement offer required.- If an injured person receives a
written offer from a motor vehicle insurance liability insurer or that insurer's
authorized agent to settle a claim for bodily injury or death, and the amount of
the settlement offer, in combination with any other settlements arising out of
the same occurrence, would exhaust the bodily injury or death limits of the
applicable liability insurance policies, bonds, and securities, the injured
person shall send by certified mail, to any insurer that provides uninsured
motorist coverage for the bodily injury or death, a copy of the liability
insurer's written settlement offer.
(b) Response to settlement offer.- Within 60 days after receipt of the
notice required under subsection (a) of this section, the uninsured motorist
insurer shall send to the injured person:
(1) written consent to acceptance of the settlement offer and to the execution
of releases; or
(2) written refusal to consent to acceptance of the settlement offer.
(c) Payment of settlement offer.- Within 30 days after a refusal to
consent to acceptance of a settlement offer under subsection (b)(2) of this
section, the uninsured motorist insurer shall pay to the injured person the
amount of the settlement offer.
(d) Subrogation rights of uninsured motorist insurer.-
(1) Payment as described in subsection (c) of this section shall preserve the
uninsured motorist insurer's subrogation rights against the liability insurer
and its insured.
(2) Receipt by the injured person of the payment described in subsection (c) of
this section shall constitute the assignment, up to the amount of the payment,
of any recovery on behalf of the injured person that is subsequently paid from
the applicable liability insurance policies, bonds, and securities.
(e) Acceptance of settlement offer.- The injured person may accept the
liability insurer's settlement offer and execute releases in favor of the
liability insurer and its insured without prejudice to any claim the injured
person may have against the uninsured motorist insurer:
(1) on receipt of written consent to acceptance of the settlement offer and to
the execution of releases; or
(2) if the uninsured motorist insurer has not met the requirements of subsection
(b) or subsection (c) of this section.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Unfair Trade Practices Act
A person may not:
(1) make, issue, circulate, or cause to be made,
issued, or circulated an estimate, circular, or statement that misrepresents the
terms of a policy issued or to be issued, the benefits or advantages promised by
the policy, or the dividends or share of the surplus to be received on the
policy;
(2) make a false or misleading statement about the
dividends or share of the surplus previously paid on similar policies;
(3) make a misleading representation or any
misrepresentation about the financial condition of an insurer or about the legal
reserve system on which a life insurer operates; or
(4) use a name or title of a policy or class of
policies that misrepresents the true nature of the policy or class of policies.
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-202
A person may not make, publish, disseminate, circulate, place before the public,
or cause directly or indirectly to be made, published, disseminated, circulated,
or placed before the public in a newspaper, magazine, or other publication, in
the form of a notice, circular, pamphlet, letter, or poster, over a radio or
television station, or in any other way, an advertisement, announcement, or
statement that contains an assertion, representation, or statement about the
business of insurance or about a person in the conduct of the person's insurance
business that is untrue, deceptive, or misleading.
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-203
A person may not make, publish, disseminate, or circulate, directly or
indirectly, or aid, abet, or encourage the making, publishing, disseminating, or
circulating of an oral or written statement or a pamphlet, circular, article, or
literature that:
(1) is false or maliciously critical of or
derogatory to the financial condition of an insurer or person proposing to
become an insurer; and
(2) is calculated to injure a person engaged in or
proposing to engage in the business of insurance.
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-204
(a) A person may not knowingly file with a
supervisory or other public official, make, publish, disseminate, circulate,
deliver to another person, place before the public, or cause directly or
indirectly to be made, published, disseminated, circulated, delivered to another
person, or placed before the public a false statement of the financial condition
of an insurer.
(b) A person may not:
(1) make a false entry in a book, report, or
statement of an insurer with intent to deceive an agent or examiner lawfully
appointed to examine the condition or affairs of the insurer or a public
official to whom the insurer is required by law to report or who has authority
by law to examine the condition or affairs of the insurer; or
(2) with intent to deceive, willfully omit to make
a true entry of a material fact about the business of the insurer in a book,
report, or statement of the insurer.
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-205
A person may not enter into an agreement to commit, or by concerted action
commit, an act of boycott, coercion, or intimidation that results in or tends to
result in unreasonable restraint of or monopoly in the business of insurance.
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-206
Other sections with information on Unfair Trade Practices are 27-207 to 27-213.
Imitation Crash Parts Regulations
Maryland Code : INSURANCE : TITLE 27. UNFAIR TRADE PRACTICES AND OTHER
PROHIBITED PRACTICES : SUBTITLE 9. MISCELLANEOUS PROVISIONS : § 27-906. Same -
Warranty for aftermarket crash parts.
An insurer that issues or delivers in the State a policy of motor vehicle
liability insurance that provides coverage for the repair of physical damage to
the vehicle shall provide, on request of the insured, a copy of the warranty for
aftermarket crash parts, if available.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Maryland Code : COMMERCIAL LAW : TITLE 14. MISCELLANEOUS CONSUMER PROTECTION
PROVISIONS : SUBTITLE 23. AUTOMOTIVE CRASH PARTS ACT : § 14-2301. Definitions.
(a) In general.- In this subtitle the following words have the meanings
indicated.
(b) Aftermarket crash parts.- "Aftermarket crash parts" means crash parts:
(1) Manufactured by a person other than the original manufacturer of the motor
vehicle to be repaired; and
(2) For which the original manufacturer of the motor vehicle has not authorized
the use of its name or trademark by the manufacturer of the crash parts.
(c) Body shop.- "Body shop" means any person that removes, replaces,
reconditions, or repairs sheet metal or fiberglass motor vehicle crash parts.
(d) Crash parts.- "Crash parts" means exterior or interior sheet metal or
fiberglass panels and parts which form the superstructure or body of a motor
vehicle including but not limited to fenders, bumpers, quarter panels, door
panels, hoods, grills, firewalls, permanent roofs, wheelwells, and front and
rear lamp display panels.
(e) Genuine crash parts.- "Genuine crash parts" means crash parts:
(1) Manufactured by or for the original manufacturer of the motor vehicle to be
repaired; and
(2) Which are authorized to carry the name or trademark of the original
manufacturer of the motor vehicle.
(f) Motor vehicle.-
(1) "Motor vehicle" means a passenger car as defined under § 11-144.1 of the
Transportation Article.
(2) "Motor vehicle" does not include a motor home, as defined by the Motor
Vehicle Administration.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2302. Information to be given owner.
(a) List of parts.- Before beginning repair work on crash parts, a body
shop shall:
(1) Provide a list to the vehicle owner of the replacement crash parts that the
body shop intends to use in making repairs; and
(2) Specify whether the replacement parts are genuine crash parts.
(b) Aftermarket crash parts statement.- If the replacement crash parts to
be used by the body shop in the repair work are aftermarket crash parts, the
body shop shall include with its estimate the following written statement:
"This estimate has been prepared based on the use of aftermarket crash parts
that are not manufactured by the original manufacturer of the vehicle or by a
manufacturer authorized by the original manufacturer to use its name or
trademark. The use of certain aftermarket crash parts may modify the original
manufacturer's warranty on the crash parts being replaced. Upon request of the
customer, the body shop shall provide, if available, a copy of any warranty for
an aftermarket crash part used."
(c) Conspicuousness of statements.- The notices and statements required
under this section shall be made in writing in a clear and conspicuous manner in
10-point capital type.
(d) Construction of section.- This section may not be construed to replace
or alter any provisions of law under Title 14, Subtitle 10 of this article.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2303. Scope of subtitle.
This subtitle does not:
(1) Prohibit a person from filing an action for damages against a body shop; or
(2) Require a person first to exhaust any administrative remedy he may have.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2304. Violation of subtitle.
A violation of any provision of this subtitle is an unfair or deceptive practice
within the meaning of Title 13 of this article and is subject to the enforcement
and penalty provisions contained in Title 13.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Anti-Steering Regulations
Maryland Code : INSURANCE : TITLE 10. REGULATION OF INSURANCE PROFESSIONS :
SUBTITLE 5. VEHICLE DAMAGE ADJUSTERS AND APPRAISERS : § 10-503. Prohibited acts.
(a) In general.- An adjuster, appraiser, or insurance producer or employee
of an insurer may not:
(1) recommend the use of a specific repair service or source for the repair or
replacement of property damage to a motor vehicle without informing the claimant
or insured that the claimant or insured does not have to use the recommended
repair service or source;
(2) require that an appraisal or repair be made in a specific repair shop;
(3) require that a claimant or insured use a specific contractor or repair shop
for a repair service or repair product; or
(4) intimidate, coerce, or threaten a claimant or insured to use a specific
contractor or repair shop for a repair service or repair product.
(b) Remuneration for recommendations.- An adjuster or appraiser may not
accept a gratuity or other form of remuneration from a repair service for
recommending that repair service to a claimant or insured.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Timely & Proper Notification
31.15.07.02
.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agent" means any person authorized to represent an insurer with respect to
a claim, or a licensed agent.
(2) "Application" means an initial application for the issuance of an insurance
policy.
(3) "Claim" means a demand for payment or an inquiry regarding the possibility
of payment for a loss incurred under one or more coverages provided by the
policy.
(4) "Claimant" means either a first-party claimant or a third-party claimant and
may include, in a particular case, the claimant's designated legal
representative or a member of the claimant's immediate family designated by the
claimant.
(5) "First-party claimant" means any person asserting a right to payment under
an insurance policy pursuant to which the person is insured, which right arises
out of the occurrence of a contingency or loss covered by the policy.
(6) "Investigation" means all activities of an insurer directly or indirectly
related to the determination of the insurer's liabilities under coverages
afforded by an insurance policy.
(7) "Licensed agent" means a person issued a certificate of qualification in
accordance with the provisions of Insurance Article, Title 10, Subtitle 1,
Annotated Code of Maryland.
(8) "Notification of a claim" means notification by a claimant, in writing or by
other means acceptable under the terms of the insurance policy, which reasonably
apprises the insurer of the facts pertinent to the claim and which is made:
(a) Directly to the insurer in the case of a title insurance policy;
(b) Directly to the Maryland Automobile Insurance Fund in the case of a policy
issued by the Fund; or
(c) To an insurer or its agent who has an appointment from that insurer as
defined in Insurance Article, §1-101(g), Annotated Code of Maryland, in all
other cases.
(9) "Policy" means an individual or group policy, contract, or certificate
issued by an insurer.
(10) "Proof of loss" means the submission to an insurer of all factual
information necessary for an insurer to determine the nature of the loss, the
applicable coverage, and the amount due under that applicable coverage.
(11) "Third-party claimant" means any person asserting a claim against a person
insured under an insurance policy.
(12) "Unreasonable delay" means, except with respect to claims for personal
injury protection benefits made pursuant to Insurance Article, §19-505,
Annotated Code of Maryland, the failure to make payment to claimants of amounts
properly due them within 15 working days after receipt of a properly completed
claim form or other proof of loss unless a longer period of time is provided for
in the insurance contract or unless otherwise provided for by law, when there is
no significant dispute as to coverage, liability, and amount of damages.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.02.htm
A. A prohibited unfair claim settlement practice occurs if an insurer commits
one or more of the following acts:
(4) Fails to include, in any claim paid to an insured or beneficiary, a
statement or other identification setting forth the specific policy coverage
under which the payment is made.
(5) Fails to make a good faith attempt to settle a claim promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(6) Fails to promptly provide a reasonable explanation of the basis for denial
of a claim when requested to do so.
B. A prohibited unfair claim settlement practice occurs if an insurer commits
one or more of the following acts with such frequency as to indicate a general
business practice:
(1) Misrepresents pertinent facts or policy provisions relating to the coverages
at issue. For the purposes of this regulation, misrepresentation includes, but
is not limited to, the following acts:
(a) Providing incomplete or misleading disclosure of pertinent facts or policy
provisions related to the coverages at issue;
(b) Concealing from a first-party claimant benefits, coverages, or other
provisions of a policy when these benefits, coverages, or other provisions are
pertinent to the claim at issue;
(c) Failing, upon written request, to disclose to a first-party claimant all
benefits, coverages, or other provisions of an insurance policy under which a
claim is presented;
(d) Except when there is a time limit specified in the policy or provided by
law, making oral or written statements to any claimant that:
(i) There is a requirement that the claimant give written notice of loss or
proof of loss within a specified time, and
(ii) The company is relieved of its obligations under the policy if the time
limit is not complied with;
(e) Making oral or written statements by any claimant that there is a
requirement that the claimant sign a release that extends beyond the subject
matter that gave rise to the claim payment; or
(f) Issuing a check or draft in partial settlement of a loss or claim under a
specific coverage or coverages, which check or draft contains language releasing
the insurer or its insured from total liability.
(2) Fails to include, in claims paid to insureds or beneficiaries, statements or
other identification setting forth the specific policy coverage under which the
payments are made.
(3) Fails to promptly provide to any claimants reasonable explanations of the
basis for denial of claims or the offer of compromise settlements.
(4) Fails to adopt and implement reasonable standards for the prompt
investigation of claims arising under policies.
(5) Refuses to pay claims without conducting reasonable investigations based on
all available information.
(6) Fails to make good faith attempts to settle claims promptly, fairly, or
equitably once liability has become reasonably clear.
(7) Compels insureds to institute litigation to recover amounts due them under
policies by offering substantially less than the amounts ultimately recovered in
actions brought by the insureds.
(8) Attempts to settle claims on the basis of applications which have been
altered without notice to, or the knowledge or consent of, insureds. An insurer
may not be found to have violated this regulation unless the:
(a) Insurer knew or had reason to know of the alterations; and
(b) Alterations are material to settlement of the claims at issue.
(9) Fails to make good faith attempts to settle claims promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(10) Fails, upon receipt of notification of claims, to acknowledge receipt of
the notification within 15 working days, unless payment is made within that
period of time.
(11) Fails, upon receipt of inquiries from the Maryland Insurance Administration
regarding claims, to furnish the Maryland Insurance Administration with adequate
responses to the inquiries within 15 working days.
(12) Fails to affirm or deny coverage of claims within 15 working days after
receiving properly completed claim forms or other proofs of loss, unless the
provisions of Regulation .04B of this chapter apply or unless there is a time
limit specified in the policy.
(13) Refuses to fully satisfy claims for arbitrary or capricious reasons.
(14) Refuses or unreasonably delays payment to claimants of amounts due them
when coverage, liability, and amount of damages are reasonably clear.
(15) Fails to provide appropriate replies to claimants or their representatives
within 15 working days of receiving written communications from claimants or
their representatives which suggest that a response is expected.
C. The provision of any claim forms required by the insurer, instructions, and
reasonable assistance, in order that first-party claimants can comply with
policy conditions and the insurer's reasonable requirements for filing claims,
shall satisfy the requirement that insurers acknowledge receipt of notification
of claims within 15 working days.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.03.htm
31.15.07.07
.07 Computation of Time.
If an insurer requires additional information in order to properly consider a
claim, the number of days which elapse between the date the insurer requests
additional information and the date the insurer receives a response to the
request may not be counted whenever these regulations require action by an
insurer within a stated period of time.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.07.htm
Timely & Proper Payment
31.15.07.02
.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agent" means any person authorized to represent an insurer with respect to
a claim, or a licensed agent.
(2) "Application" means an initial application for the issuance of an insurance
policy.
(3) "Claim" means a demand for payment or an inquiry regarding the possibility
of payment for a loss incurred under one or more coverages provided by the
policy.
(4) "Claimant" means either a first-party claimant or a third-party claimant and
may include, in a particular case, the claimant's designated legal
representative or a member of the claimant's immediate family designated by the
claimant.
(5) "First-party claimant" means any person asserting a right to payment under
an insurance policy pursuant to which the person is insured, which right arises
out of the occurrence of a contingency or loss covered by the policy.
(6) "Investigation" means all activities of an insurer directly or indirectly
related to the determination of the insurer's liabilities under coverages
afforded by an insurance policy.
(7) "Licensed agent" means a person issued a certificate of qualification in
accordance with the provisions of Insurance Article, Title 10, Subtitle 1,
Annotated Code of Maryland.
(8) "Notification of a claim" means notification by a claimant, in writing or by
other means acceptable under the terms of the insurance policy, which reasonably
apprises the insurer of the facts pertinent to the claim and which is made:
(a) Directly to the insurer in the case of a title insurance policy;
(b) Directly to the Maryland Automobile Insurance Fund in the case of a policy
issued by the Fund; or
(c) To an insurer or its agent who has an appointment from that insurer as
defined in Insurance Article, §1-101(g), Annotated Code of Maryland, in all
other cases.
(9) "Policy" means an individual or group policy, contract, or certificate
issued by an insurer.
(10) "Proof of loss" means the submission to an insurer of all factual
information necessary for an insurer to determine the nature of the loss, the
applicable coverage, and the amount due under that applicable coverage.
(11) "Third-party claimant" means any person asserting a claim against a person
insured under an insurance policy.
(12) "Unreasonable delay" means, except with respect to claims for personal
injury protection benefits made pursuant to Insurance Article, §19-505,
Annotated Code of Maryland, the failure to make payment to claimants of amounts
properly due them within 15 working days after receipt of a properly completed
claim form or other proof of loss unless a longer period of time is provided for
in the insurance contract or unless otherwise provided for by law, when there is
no significant dispute as to coverage, liability, and amount of damages.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.02.htm
A. A prohibited unfair claim settlement practice occurs if an insurer commits
one or more of the following acts:
(4) Fails to include, in any claim paid to an insured or beneficiary, a
statement or other identification setting forth the specific policy coverage
under which the payment is made.
(5) Fails to make a good faith attempt to settle a claim promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(6) Fails to make good faith attempts to settle claims promptly, fairly, or
equitably once liability has become reasonably clear.
(7) Compels insureds to institute litigation to recover amounts due them under
policies by offering substantially less than the amounts ultimately recovered in
actions brought by the insureds.
(8) Attempts to settle claims on the basis of applications which have been
altered without notice to, or the knowledge or consent of, insureds. An insurer
may not be found to have violated this regulation unless the:
(a) Insurer knew or had reason to know of the alterations; and
(b) Alterations are material to settlement of the claims at issue.
(9) Fails to make good faith attempts to settle claims promptly under one
portion of a policy, whenever liability is reasonably clear, in order to
influence settlements under other portions of the policy.
(10) Fails, upon receipt of notification of claims, to acknowledge receipt of
the notification within 15 working days, unless payment is made within that
period of time.
update>> https://constmail.gov.state.md.us/comar/31/31.15.07.03.htm
It is an unfair claim settlement practice and a violation of this subtitle for
an insurer or nonprofit health service plan to:
(5) fail to settle a claim promptly whenever
liability is reasonably clear under one part of a policy, in order to influence
settlements under other parts of the policy;
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-303
False and Misleading Advertising
A person may not:
(1) make, issue, circulate, or cause to be made,
issued, or circulated an estimate, circular, or statement that misrepresents the
terms of a policy issued or to be issued, the benefits or advantages promised by
the policy, or the dividends or share of the surplus to be received on the
policy;
more>> http://mlis.state.md.us/cgi-win/web_statutes.exe?gin&27-202
False Use of Insurer’s Name
§ 1-415. Fraudulent use or imitation of trade names.
(a) Prohibited.- Except as provided in subsection (b) of this section, a
person may not, with intent to defraud, do business in the State under or
imitate a name, title, or trade name that is the same as, or similar to, that
used by another person already doing business in the State.
(b) Exception.- This section does not apply to individuals with similar
names.
(c) Penalty.- A person who violates this section is guilty of a
misdemeanor and, on conviction, is subject to a fine not exceeding $100 for each
day that the offense is committed.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
(1-415)
Total Losses
Motor Vehicle Liability Insurance - Valuation of Motor Vehicles
FOR the purpose of requiring a certain insurer to use a certain value or
average price to determine the fair market value of a motor vehicle that is
totally destroyed in an accident; establishing that the determination of fair
market value is subject to certain adjustments; and generally relating to the
valuation of motor vehicles under motor vehicle liability insurance.
BY adding to Article - Insurance Section 27-914 Annotated Code of
Maryland (2002 Replacement Volume and 2002 Supplement) SECTION 1. BE IT ENACTED
BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance 27-914.
(A) TO DETERMINE THE FAIR MARKET VALUE OF A MOTOR VEHICLE THAT IS TOTALLY
DESTROYED IN AN ACCIDENT, AN INSURER THAT ISSUES OR DELIVERS A POLICY OF MOTOR
VEHICLE LIABILITY INSURANCE IN THE STATE SHALL USE:
(1) THE VALUE OF THE MOTOR VEHICLE IN EFFECT ON THE RELEVANT DATE AS SET
FORTH IN THE PUBLICATION OF USED CAR VALUES ADOPTED FOR USE BY THE STATE
DEPARTMENT OF TRANSPORTATION; OR
(2) THE AVERAGE PRICE OF COMPARABLE MOTOR VEHICLES IN THE LOCAL MARKET
AREA THAT MEET MINIMUM STATE SAFETY AND EMISSION STANDARDS AND OTHER CUSTOMARY
AND REASONABLE CONDITION STANDARDS CONTAINED IN THE PUBLICATION OF USED CAR
VALUES ADOPTED FOR USE BY THE STATE DEPARTMENT OF TRANSPORTATION.
SENATE BILL 314
(B) THE DETERMINATION OF FAIR MARKET VALUE UNDER SUBSECTION (A) OF THIS SECTION
IS SUBJECT TO ADJUSTMENT UP OR DOWN BASED ON:
(1) CLEARLY DEFINED AND DISCLOSED CONDITION, EQUIPMENT, AND MILEAGE GUIDELINES
USED BY THE INSURER TO DETERMINE THE VALUE OF THE MOTOR VEHICLE ON THE RELEVANT
DATE; AND
(2) ANY OTHER CREDIBLE EVIDENCE OFFERED BY THE INSURER OR CLAIMANT TO
DEMONSTRATE THAT THE VALUE SET FORTH IN THE PUBLICATION OF USED CAR VALUES
ADOPTED FOR USE BY THE STATE DEPARTMENT OF TRANSPORTATION FAILS TO REFLECT:
(I) THE ACTUAL CONDITION OF THE MOTOR VEHICLE; OR
(II) THE ACTUAL CASH PRICE OF MOTOR VEHICLES IN THE SAME GENERAL CONDITION IN
THE LOCAL MARKET AREA.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1,
2003.
update>> http://mlis.state.md.us/2003rs/billfile/HB0314.htm and click on
House Bill 314.
Motor Vehicle Liability Insurance - Valuation of Motor Vehicles
FOR the purpose of requiring a certain insurer to use a certain value from a
certain used car guide to determine the fair market value of a motor vehicle
that is totally destroyed in a motor vehicle accident; establishing that the
determination of fair market value is subject to certain adjustments; requiring
the determination of fair market value to take into consideration the reasonable
cost of certain repairs; defining a certain term; and generally relating to the
valuation of motor vehicles under motor vehicle liability insurance.
BY adding to Article - Insurance Section 27-914 Annotated Code of Maryland (2002
Replacement Volume and 2002 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance 18 27-914.
(A) IN THIS SECTION, "NADA USED CAR GUIDE" MEANS THE OFFICIAL USED CAR GUIDE
PUBLISHED BY THE NATIONAL AUTOMOBILE DEALER'S ASSOCIATION.
(B) TO DETERMINE THE FAIR MARKET VALUE OF A MOTOR VEHICLE THAT IS TOTALLY
DESTROYED IN A MOTOR VEHICLE ACCIDENT, AN INSURER THAT ISSUES OR DELIVERS A
POLICY OF MOTOR VEHICLE LIABILITY INSURANCE IN THE STATE SHALL USE THE VALUE OF
THE MOTOR VEHICLE THAT IS IN EFFECT ON THE RELEVANT DATE AS SET FORTH IN THE
NADA USED CAR GUIDE.
(C) THE DETERMINATION OF FAIR MARKET VALUE UNDER SUBSECTION (B) OF THIS SECTION
IS SUBJECT TO ADJUSTMENT UP OR DOWN BASED ON:
HOUSE BILL 641
(1) THE CONDITION AND MILEAGE OF THE MOTOR VEHICLE ON THE RELEVANT DATE IN
ACCORDANCE WITH THE GUIDELINES CONTAINED IN THE NADA USED CAR GUIDE; AND
(2) ANY OTHER CREDIBLE EVIDENCE OFFERED BY THE INSURER OR INSURED TO DEMONSTRATE
THAT THE VALUE SET FORTH IN THE NADA USED CAR GUIDE FAILS TO REFLECT:
(I) THE ACTUAL CONDITION OF THE MOTOR VEHICLE; OR
(II) THE ACTUAL CASH PRICE OF MOTOR VEHICLES IN THE SAME GENERAL CONDITION IN
THE LOCAL MARKET AREA.
(D) THE DETERMINATION OF FAIR MARKET VALUE ALSO SHALL TAKE INTO CONSIDERATION
THE REASONABLE COST OF REPAIRS NECESSARY TO MEET MINIMUM STATE SAFETY AND
EMISSION STANDARDS AND OTHER CUSTOMARY AND REASONABLE CONDITION STANDARDS
CONTAINED IN THE NADA USED CAR GUIDE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1,
2003.
update>> http://mlis.state.md.us/2003rs/billfile/SB0641.htm and click on Senate
Bill 641
Consumer Sales Practices Acts
Maryland Code : INSURANCE : TITLE 27. UNFAIR TRADE PRACTICES AND OTHER
PROHIBITED PRACTICES : SUBTITLE 2. UNFAIR METHODS OF COMPETITION AND UNFAIR AND
DECEPTIVE ACTS OR PRACTICES : § 27-214. Coerced or tie-in sales.
(a) In general.-
(1) A person may not require another person to buy insurance through a
particular insurance producer or insurer as a condition agreement, or
understanding with respect to selling or providing a loan, credit, sale, goods,
property, contract, lease, or service to the other person.
(2) An insurance producer or insurer may not participate in a combination plan
or transaction prohibited by paragraph (1) of this subsection.
(b) Solicitation.-
(1) A person may not solicit the combination of insurance and other matters
prohibited by subsection (a) of this section.
(2) An insurance producer or insurer may not participate in a plan of public
solicitation of the combination of insurance and other matters prohibited by
subsection (a) of this section.
(3) This subsection does not prohibit a person from being an insurance producer
and engaging in another business at the same time or place if:
(i) the sales of insurance and other matters are not combined or coerced as
prohibited by subsection (a) of this section; and
(ii) the buyer or other person has the free choice of insurance.
(c) Effect of violation.-
(1) Violation of this section does not invalidate any contract or transaction.
(2) Notwithstanding a combination contract, tying agreement, understanding, or
condition to the contrary, the person required to buy or pay for insurance or to
bid ex-insurance may substitute at any time other insurance from insurance
producers or insurers chosen by the person, or may decline further insurance
coverage if the insurance is other than to protect the interest of a lender,
property owner, or other person.
more>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Consumer Auto Repair Practices Acts
Maryland Code : COMMERCIAL LAW : TITLE 14. MISCELLANEOUS CONSUMER PROTECTION
PROVISIONS : SUBTITLE 10. AUTOMOTIVE REPAIR FACILITIES : § 14-1001. Definitions.
(a) In general.- In this subtitle the following words have the meanings
indicated.
(b) Automotive repair facility.- "Automotive repair facility" means any
person who diagnoses or corrects malfunctions of a motor vehicle for financial
profit.
(c) Motor vehicle.- "Motor vehicle" has the meaning stated in Title 11 of
the Transportation Article.
(d) Person.- "Person" includes an individual, corporation, business trust,
estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal or commercial entity.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1002. Written estimate for repair work.
(a) Written estimate required; fee.-
(1) Before beginning any repair work on a motor vehicle for which a customer is
charged more than $50, an automotive repair facility shall give the customer on
his request a written statement which contains:
(i) The estimated completion date; and
(ii) The estimated price for labor and parts necessary to complete the work; and
(iii) The estimated surcharge, if any.
(2) If the fee is disclosed to the customer before the estimate is made, the
automotive repair facility may charge a reasonable fee for making the estimate.
(b) Prohibited charges.- An automotive repair facility may not charge a
customer without his consent any amount which exceeds the written estimate by 10
percent.
(c) When repair delay excused.- An automotive repair facility is not
liable for breach of the written estimated completion date for a repair if the
delay is caused by:
(1) An act of God;
(2) Strike;
(3) Unexpected illness; or
(4) Unexpected shortage of labor or parts.
(d) When written estimate not required.- This section does not require an
automotive repair facility to give a written estimate if the facility does not
agree to perform the requested repair work.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1003. Required invoice.
(a) Work description.- An automotive repair facility shall prepare an
invoice which describes:
(1) All work done by it, including all warranty work; and
(2) All parts supplied by it.
(b) Used, rebuilt, or reconditioned parts.- The invoice shall state
clearly if any used, rebuilt, or reconditioned parts have been supplied or if a
part of a component system supplied is composed of used, rebuilt, or
reconditioned parts.
(c) Copies of invoice.- After the customer signs the invoice, the
automotive repair facility shall give him a copy of it and retain a copy.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1004. Replaced parts to be returned to customer.
(a) Required return.- Except as provided in subsection (b) of this
section, an automotive repair facility shall tender return of all replaced parts
to the customer.
(b) Exception.- Subsection (a) of this section does not apply to replaced
parts which are required to be returned to the manufacturer or distributor under
a warranty agreement.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1006. Unauthorized repairs.
An automotive repair facility may not charge the customer for repairs not
originally authorized or requested by the customer. Additional repairs may be
charged to the customer if the automotive repair facility receives written or
oral permission from the customer.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1007. Customer complaints.
Any person aggrieved by a violation of any provision of this subtitle may take
any action available under the consumer protection title of this article.
Complaints may be filed with the Consumer Protection Division of the Office of
the Attorney General.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1008. Repair authorizations.
(a) Customer given copy.- Except as provided in subsection (c) of this
section, before beginning any repair work on a motor vehicle, an automotive
repair facility shall give the customer a copy of a form used for authorization
of repairs which shall inform the customer of the following rights:
(1) That a customer:
(i) May request a written estimate for repairs which cost in excess of $50; and
(ii) May not be charged any amount ten percent in excess of the written estimate
without the customer's consent;
(2) That the customer is entitled to the return of any replaced parts except
when parts are required to be returned to the manufacturer under a warranty
agreement; and
(3) That repairs not originally authorized by the customer may not be charged to
the customer without the customer's consent.
(b) Customer's rights.- The customer's rights provided in subsection (a)
of this section shall be:
(1) Displayed immediately before the space for the signature of the customer
conspicuously in easily readable type;
(2) Physically separated from the other terms of the form used for authorization
of repairs; and
(3) Listed under the printed heading "Customer's Rights".
(c) Oral notice of customer rights.-
(1) An automotive repair facility may inform the customer orally of the
customer's rights if:
(i) The customer's motor vehicle is towed to the automotive repair facility for
repair; or
(ii) The customer leaves the vehicle for repair at the repair facility when the
facility is not open.
(2) Under this subsection, if any automotive repair facility informs a customer
orally of the customer's rights, the facility shall record in writing:
(i) The name of the persons notified;
(ii) The date and time of the notification; and
(iii) The signature of the person who made the notification.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-1009. Penalties.
A violation of any provision of this subtitle is an unfair or deceptive practice
within the meaning of Title 13 of this article and is subject to the enforcement
and penalty provisions contained in Title 13.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Telemarketing laws
Maryland Code : COMMERCIAL LAW : TITLE 14. MISCELLANEOUS CONSUMER PROTECTION
PROVISIONS : SUBTITLE 22. MARYLAND TELEPHONE SOLICITATIONS ACT : § 14-2201.
Definitions.
(a) In general.- In this subtitle the following words have the meanings
indicated.
(b) Consumer.- "Consumer" means an actual or prospective purchaser,
lessee, or recipient of consumer goods, consumer services, or consumer realty.
(c) Consumer goods, consumer realty, and consumer services.-
more>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2203. Enforceability of contract.
(a) In general.- A contract made pursuant to a telephone solicitation is
not valid and enforceable against a consumer unless made in compliance with this
subtitle.
(b) Requirements.- A contract made pursuant to a telephone solicitation:
(1) Shall be reduced to writing and signed by the consumer;
(2) Shall comply with all other applicable laws and regulations;
(3) Shall match the description of goods or services as that principally used in
the telephone solicitation;
(4) Shall contain the name, address, and telephone number of the seller, the
total price of the contract, and a detailed description of the goods or services
being sold;
(5) Shall contain, in at least 12 point type, immediately preceding the
signature, the following statement:
"You are not obligated to pay any money unless you sign this contract and return
it to the seller."; and
(6) May not exclude from its terms any oral or written representations made by
the merchant to the consumer in connection with the transaction.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2204. Charges to consumer's credit account.
A merchant engaging in a telephone solicitation may not make or submit any
charge to the consumer's credit account until after the merchant receives from
the consumer a copy of the contract which complies with this subtitle.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-2205. Effect of violations.
In addition to any remedies otherwise available at law, a violation of this
subtitle shall be:
(1) An unfair and deceptive trade practice under Title 13, Subtitle 3 of this
article; and
(2) If the violation involves a solicitation offering credit services, a
violation of the Maryland Credit Services Businesses Act.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Home Sales Act Maryland Code : COMMERCIAL LAW : TITLE 14. MISCELLANEOUS CONSUMER
PROTECTION PROVISIONS : SUBTITLE 3. DOOR-TO-DOOR SALES : § 14-301. Definitions.
(a) In general.- In this subtitle the following words have the meanings
indicated.
(b) Business day.- "Business day" means any calendar day except Sunday or
the following business holidays: New Year's Day, Washington's Birthday, Memorial
Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day,
and Christmas Day.
(c) Consumer goods and services.- "Consumer goods" and "consumer services"
mean:
(1) Goods or services purchased, leased, or rented primarily for personal,
family, or household purposes; and
(2) Courses of instruction or training regardless of the purpose for which they
are taken.
(d) Door-to-door sale.-
(1) "Door-to-door sale" means a sale, lease, or rental of consumer goods or
consumer services under single or multiple contracts with a purchase price of
$25 or more, in which:
(i) The seller or his representative personally solicits the sale, including a
solicitation in response to or following an invitation by the buyer; and
(ii) The buyer's agreement or offer to purchase is made at a place other than
the place of business of the seller.
(2) "Door-to-door sale" does not include a transaction:
(i) Made pursuant to prior negotiations in the course of a visit by the buyer to
a retail business establishment which has a fixed permanent location where the
consumer goods are exhibited or the consumer services are offered for sale on a
continuing basis;
(ii) In which the consumer may rescind under the provisions of the federal
Consumer Credit Protection Act or any regulation adopted under the Act;
(iii) In which the buyer has initiated the contact and the goods or services are
needed to meet a bona fide immediate personal emergency of the buyer, and the
buyer furnishes the seller with a separate dated and signed personal statement
in the buyer's handwriting which describes the situation that requires immediate
remedy and expressly acknowledges and waives the right to cancel the sale within
three business days, and the seller in good faith makes a substantial beginning
of the performance of the contract;
(iv) Conducted and consummated entirely by mail or telephone, without any other
contact between the buyer and the seller or its representative before delivery
of the consumer goods or performance of the consumer services;
(v) In which the buyer has initiated the contact and specifically requests the
seller to visit his home to repair or perform maintenance on the buyer's
personal property, except that, if, in the course of the visit, the seller sells
the buyer the right to receive any additional consumer services or consumer
goods, other than replacement parts necessarily used to perform the maintenance
or to make the repairs, the sale of the additional consumer goods or consumer
services is not within this exclusion; or
(vi) Which pertains to the sale or rental of real property, to the sale of
insurance, or to the sale of securities or commodities by a broker-dealer
registered with the Securities and Exchange Commission or with the Division of
Securities of this State.
(e) Person.- "Person" includes an individual, corporation, business trust,
estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal or commercial entity.
(f) Place of business.- "Place of business" means the main or permanent
branch office or local address of a seller.
(g) Purchase price.- "Purchase price" means the total price paid or to be
paid for the consumer goods or consumer services, including all interest and
service charges.
(h) Sale.- "Sale" means a door-to-door sale.
(i) Seller.- "Seller" means a person engaged in the door-to-door sale of
consumer goods or consumer services.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-302. Unlawful practices.
It is an unfair or deceptive trade practice within the
meaning of Title 13 of this article for a seller to:
(1) Fail to furnish the buyer with:
(i) A fully completed receipt or copy of any contract which
pertains to a door-to-door sale at the time of its execution, which is in the
same language as that principally used in the oral sales presentation, shows the
date of the transaction, and contains the name and address of the seller; and
(ii) A statement which is in immediate proximity to the space
reserved in the contract for the signature of the buyer or, if a contract is not
used, is on the front page of the receipt and which, in boldface type of a
minimum size of 10 points, is in substantially the following form:
"You, the buyer, may cancel this transaction at any time
prior to midnight of the third business day after the date of this transaction.
See the attached notice of cancellation form for an explanation of this right.";
(2) Fail to furnish the buyer, at the time he signs the
door-to-door sales contract or otherwise agrees to buy consumer goods or
consumer services from the seller, a completed form in duplicate, captioned
"Notice of Cancellation", which:
(i) Is attached to the contract or receipt and is easily
detachable; and
(ii) Contains in 10 point boldface type the following
information and statements, in the same language as that used in the contract:
"Notice of Cancellation
(Enter date of transaction)
......................................................................
(Date)
You may cancel this transaction, without any penalty or
obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by
you under the contract or sale, and any negotiable instrument executed by you
will be returned within 10 business days following receipt by the seller of your
cancellation notice, and any security interest arising out of the transaction
will be cancelled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received, any goods
delivered to you under this contract or sale; or you may, if you wish, comply
with the instructions of the seller regarding the return shipment of the goods
at the seller's expense and risk.
If you do make the goods available to the seller and the
seller does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any further
obligation. If you fail to make the goods available to the seller, or if you
agree to return the goods to the seller and fail to do so, then you remain
liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and
dated copy of this cancellation notice or any other written notice, or send a
telegram, to
(name of seller)
(address of seller's place of business)
...................., at
...................................................
not later than midnight of .........
(date)
I hereby cancel this transaction.
..................
(date)
...................................................................
(Buyer's signature)";
(3) Fail, before furnishing copies of the "Notice of Cancellation" to the buyer,
to complete both copies by entering the name of the seller, the address of the
seller's place of business, the date of the transaction, and the date, not
earlier than the third business day following the date of the transaction, by
which the buyer may give notice of cancellation;
(4) Include in any door-to-door sales contract or receipt any confession of
judgment or waiver of any of the rights to which the buyer is entitled under
this section, including specifically his right to cancel the sale in accordance
with the provisions of this section;
(5) Fail to inform the buyer orally, at the time he signs the contract or
purchases the consumer goods or consumer services, of his right to cancel;
(6) Misrepresent in any manner the buyer's right to cancel;
(7) Fail or refuse to honor any valid notice of cancellation by a buyer and,
within 10 business days after the receipt of that notice, to:
(i) Refund all payments made under the contract or sale;
(ii) Return, in substantially as good condition as when received by the seller,
any goods or property traded in;
(iii) Cancel and return any negotiable instrument executed by the buyer in
connection with the contract or sale and take any action necessary or
appropriate to terminate promptly any security interest created in the
transaction;
(8) Negotiate, transfer, sell, or assign any note or other evidence of
indebtedness to a finance company or other third party before midnight of the
fifth business day following the day the contract was signed or the consumer
goods or consumer services were purchased;
(9) Fail, within 10 business days of receiving a buyer's notice of cancellation,
to notify him whether the seller intends to repossess or to abandon any shipped
or delivered goods;
(10) Solicit a sale or order for sale of goods or services at the residence of a
prospective buyer, without clearly, affirmatively and expressly revealing at the
time the person initially contacts the prospective buyer, and before making any
other statement, except a greeting, or asking the prospective buyer any other
questions:
(i) The identity of the person making the solicitation.
(ii) The trade name of the person represented by the person making the
solicitation.
(iii) The kind of goods or services being offered.
(iv) And, the person making the solicitation shall, in addition to meeting the
requirements of paragraphs (i), (ii), and (iii), show and display identification
which states the information required by paragraphs (i) and (ii) as well as the
address of the place of business of one of the persons identified; or
(11) To use any plan, scheme, or ruse in soliciting a sale or order for the sale
of goods or services at the residence of a prospective buyer, which
misrepresents the solicitor's true status or mission for the purpose of making
the sale or order for the sale of goods or services
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
§ 14-303. Cancellation of sale.
If the seller violates any provision of § 14-302 of this subtitle, the buyer may
cancel the door-to-door sale by notifying the seller in any manner and by any
means of his intention to cancel.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Licensing of Adjusters - Public only Maryland Code : INSURANCE : TITLE 10.
REGULATION OF INSURANCE PROFESSIONS : SUBTITLE 4. PUBLIC ADJUSTERS : § 10-403.
License required.
Except as otherwise provided in this subtitle, a person must obtain a license
before the person acts as a public adjuster in the State.
§ 10-404. Qualifications of applicants.
(a) In general.- To qualify for a license, an applicant must be an
individual who meets the requirements of this section.
(b) Trustworthy and competent.- An applicant must be trustworthy and
competent to transact business as a public adjuster so as to safeguard the
interests of the public.
(c) Examination; fees.-
(1) (i) Except as otherwise provided in this subsection, an applicant must pass
a written examination given by the Commissioner under this subtitle in order to
determine the competency of the applicant to act as a public adjuster.
(ii) An applicant shall pay the application fee required by § 2-112 of this
article.
(iii) After an applicant has been notified that the applicant has passed the
examination or is otherwise eligible to be licensed, the applicant shall pay the
applicable license fee required by § 2-112 of this article.
(2) The examination requirement of paragraph (1) of this subsection does not
apply to an individual who was licensed as a public adjuster in the State on
June 30, 1985.
(d) Residence.- An applicant must have been a resident of the State
continuously for at least 1 year immediately preceding the date of filing an
application for a license.
update>> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Diminished Value
We have not found any law.
Miscellaneous
31.08.02.02
.02 Establishment of Toll-Free Telephone Number.
A. The Insurance Commissioner shall establish a toll-free telephone number to
assist and educate consumers concerning the purchase of private passenger
automobile insurance.
B. The Commissioner may provide to callers educational materials that may
include a rate guide or list of agents and insurers.
C. The Commissioner may not recommend to callers specific companies or agents.
D. The toll-free telephone number shall be published in the private passenger
automobile insurance rate guide prepared by the Commissioner.
update>> https://constmail.gov.state.md.us/comar/31/31.08.02.02.htm
31.08.02.03
.03 Data.
A. The Commissioner shall maintain a record of calls received on the toll-free
telephone number set forth in Regulation .02A of this chapter which includes the
following information:
(1) The zip code and county of the caller; and
(2) The date and summary of the purpose of the call.
B. The Commissioner shall prepare a quarterly report which includes the
information required in §A of this regulation.
update>> https://constmail.gov.state.md.us/comar/31/31.08.02.03.htm
State Departments of Insurance
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