2010 Maryland Code
INSURANCE
TITLE 3 - KINDS OF INSURERS
Subtitle 3 - Surplus Lines Insurance
Section 3-319 - Placement of surplus lines insurance prohibited.

§ 3-319. Placement of surplus lines insurance prohibited.
 

(a)  In general.- A surplus lines broker may not place surplus lines insurance with an unauthorized insurer that: 

(1) has not been approved by the Commissioner as a surplus lines insurer; 

(2) has been determined by the Commissioner to be insolvent or unsafe financially under subsection (b) of this section; or 

(3) has been determined by the Commissioner to have refused to pay just claims. 

(b)  Unsafe financial condition or refusal to pay claims.-  

(1) The Commissioner shall direct that surplus lines insurance may not be placed with a surplus lines insurer that has been approved by the Commissioner if the Commissioner determines that the surplus lines insurer: 

(i) is not in a safe or solvent financial condition; or 

(ii) has refused to pay just claims. 

(2) After written notice of a determination made by the Commissioner under paragraph (1) of this subsection is mailed by the Commissioner to qualified surplus lines brokers, surplus lines insurance may not be placed with the surplus lines insurer. 

(c)  Knowledge of broker.- Notwithstanding any other provision of this subtitle, a surplus lines broker may not place surplus lines insurance with an insurer if the broker knows, or reasonably should know, that the insurer is in an unsafe or insolvent financial condition. 

(d)  Commissioner as agent for service.- A qualified surplus lines broker may not place a risk in an unauthorized insurer that has not previously appointed the Commissioner as agent for the acceptance of service of process. 
 

[An. Code 1957, art. 48A, §§ 190, 197; 1995, ch. 36.]