2010 Maryland Code
INSURANCE
TITLE 27 - UNFAIR TRADE PRACTICES AND OTHER PROHIBITED PRACTICES
Subtitle 6 - Cancellations, Nonrenewals, Premium Increases, and Reductions in Coverage
Section 27-609 - Exclusion of named driver.

§ 27-609. Exclusion of named driver.
 

(a)  Cancellation, nonrenewal, or premium increase.-  

(1) (i) This paragraph applies to a private passenger motor vehicle liability insurance policy issued in the State under which more than one individual is insured. 

(ii) If an insurer is authorized under this article to cancel, nonrenew, or increase the premiums on a policy of private passenger motor vehicle liability insurance subject to this paragraph because of the claim experience or driving record of one or more but less than all of the individuals insured under the policy, the insurer, instead of cancellation, nonrenewal, or premium increase, shall offer to continue or renew the insurance, but to exclude all coverage when a motor vehicle is operated by the specifically named excluded individual or individuals whose claim experience or driving record could have justified the cancellation, nonrenewal, or premium increase. 

(2) (i) This paragraph applies to a motor vehicle liability insurance policy issued in the State, other than a policy subject to paragraph (1) of this subsection, under which more than one individual is insured. 

(ii) If an insurer is authorized under this article to cancel, nonrenew, or increase the premiums on a policy of motor vehicle liability insurance subject to this paragraph because of the claim experience or driving record of one or more but less than all of the individuals insured under the policy, the insurer, instead of cancellation, nonrenewal, or premium increase, may offer to continue or renew the insurance, but to exclude all coverage when a motor vehicle is operated by the specifically named excluded individual or individuals whose claim experience or driving record could have justified the cancellation, nonrenewal, or premium increase. 

(b)  Refusal to issue policy.- If an insurer legally could refuse to issue a policy of motor vehicle liability insurance under which more than one individual is insured because of the claim experience or driving record of one or more but less than all of the individuals applying to be insured under the policy, the insurer may issue the policy but exclude all coverage when a motor vehicle is operated by the specifically named excluded individual or individuals whose claim experience or driving record could have justified the refusal to issue. 

(c)  Policy endorsements.- A policy described in subsection (a) or (b) of this section may be endorsed to exclude specifically all coverage for any of the following when the named excluded driver is operating a motor vehicle covered under the policy whether or not that operation or use was with the express or implied permission of an individual insured under the policy: 

(1) the excluded operator or user; 

(2) the vehicle owner; 

(3) family members residing in the household of the excluded operator or user or vehicle owner; and 

(4) any other person, except for the coverage required by §§ 19-505 and 19-509 of this article if that coverage is not available under another motor vehicle policy. 

(d)  Premiums charged.- The premiums charged on a policy that excludes a named driver or drivers under this section may not reflect the claim experience or driving record of the excluded named driver or drivers. 
 

[An. Code 1957, art. 48A, § 240C-1; 1997, ch. 35, § 2; 1998, ch. 21, § 1; 2000, ch. 61, § 1; 2006, ch. 580, § 2; 2007, ch. 88.]