2017 Maryland Code
Insurance
Title 19 - Property and Casualty Insurance
Subtitle 5 - Motor Vehicle Insurance -- Primary Coverage
§ 19-509.1. Enhanced underinsured motorist coverage -- In general

Universal Citation: MD Ins Code § 19-509.1 (2017)
  • (a) "Underinsured motor vehicle" defined. -- In this section, "underinsured motor vehicle" means a motor vehicle that has liability coverage in an amount less than, more than, or equal to the uninsured motorist coverage provided under the insured party's motor vehicle liability insurance policy.
  • (b) Applicability. -- The enhanced underinsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy:
    • (1) that insures a motor vehicle that:
      • (i) is not subject to registration under § 13-402 of the Transportation Article because it is not driven on a highway; or
      • (ii) is exempt from registration under § 13-402(c)(10) of the Transportation Article; or
    • (2) when a first named insured under a policy or binder of private passenger motor vehicle liability insurance has not elected to obtain enhanced underinsured motorist coverage under this section instead of the uninsured motorist coverage required under § 19-509 of this subtitle.
  • (c) Offer of enhanced underinsured motorist coverage; duration of election. --
    • (1) An insurer shall offer enhanced underinsured motorist coverage at the time of purchase of a private passenger motor vehicle liability insurance policy.
    • (2) The first named insured under a policy or binder of private passenger motor vehicle liability insurance may elect to obtain enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19-509 of this subtitle.
    • (3) Unless the first named insured affirmatively makes a change in writing, the election to obtain enhanced underinsured motorist coverage applies to all subsequent renewals of coverage and to all other policies or endorsements that extend, change, supersede, or replace an existing private passenger motor vehicle insurance policy issued to the first named insured.
  • (d) Effect of electing underinsured coverage instead of uninsured coverage. -- In addition to any other coverage required by this subtitle, each private passenger motor vehicle liability insurance policy issued, sold, or delivered in the State on or after July 1, 2018, to an insured that elects to obtain enhanced underinsured motorist coverage instead of the uninsured motorist coverage required under § 19-509 of this subtitle shall contain coverage for damages, subject to the policy limits, that:
    • (1) the insured is entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injuries sustained in a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle; and
    • (2) a surviving relative of the insured, who is described in § 3-904 of the Courts Article, is entitled to recover from the owner or operator of an underinsured motor vehicle because the insured died as the result of a motor vehicle accident arising out of the ownership, maintenance, or use of the underinsured motor vehicle.
  • (e) Form. -- The offer of enhanced underinsured motorist coverage required by this section shall be on the form that the Commissioner requires.
  • (f) Scope of coverage. --
    • (1) The enhanced underinsured motorist coverage contained in a private passenger motor vehicle liability insurance policy:
      • (i) shall at least equal:
        • 1. the amounts required by Title 17 of the Transportation Article; and
        • 2. the coverage provided to a qualified person under Title 20, Subtitle 6 of this article; and
      • (ii) may not exceed the amount of liability coverage provided under the policy.
    • (2) The amount of enhanced underinsured motorist coverage provided under a private passenger motor vehicle liability insurance policy shall equal the amount of liability coverage provided under the policy.
  • (g) Permitted exclusions. -- An insurer may exclude from the enhanced underinsured motorist coverage required by this section benefits for:
    • (1) the named insured or a family member of the named insured who resides in the named insured's household for an injury that occurs when the named insured or family member is occupying or is struck as a pedestrian by an underinsured motor vehicle that is owned by the named insured or an immediate family member of the named insured who resides in the named insured's household; and
    • (2) the named insured, a family member of the named insured who resides in the named insured's household, and any other individual who has other applicable motor vehicle insurance for an injury that occurs when the named insured, family member, or other individual is occupying or is struck as a pedestrian by the insured motor vehicle while the motor vehicle is operated or used by an individual who is excluded from coverage under § 27-609 of this article.
  • (h) Limit of liability. -- The limit of liability for an insurer that provides enhanced underinsured motorist coverage under this section:
    • (1) is subject to § 19-511.1 of this subtitle; and
    • (2) is the amount of that coverage without any reduction for the amount paid to the insured, that exhausts any applicable liability insurance policies, bonds, and securities, on behalf of any person that may be held liable for the bodily injuries or death of the insured.
  • (i) Policy providing excess coverage may include enhanced underinsured motorist coverage. --
    • (1) A policy that, as its primary purpose, provides coverage in excess of other valid and collectible insurance or qualified self-insurance may include the enhanced underinsured motorist coverage provided for in this section.
    • (2) The enhanced underinsured motorist coverage required by this section is primary to any right to recovery from the Maryland Automobile Insurance Fund under Title 20, Subtitle 6 of this article.
  • (j) Coverage where insurer insolvent or otherwise unable to pay claims. -- An endorsement or a provision that protects the insured against damages caused by an underinsured motor vehicle that is contained in a policy issued and delivered in the State is deemed to cover damages caused by a motor vehicle insured by a liability insurer that is insolvent or otherwise unable to pay claims to the same extent and in the same manner as if the damages were caused by an underinsured motor vehicle.
  • (k) Arbitration provisions prohibited. -- A provision in a private passenger motor vehicle liability insurance policy issued on or after July 1, 2018, about coverage for damages sustained by the insured as a result of the operation of an underinsured motor vehicle that requires a dispute between the insured and the insurer to be submitted to binding arbitration is prohibited and is of no legal effect.
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