Md. Code Regs. 31.15.10.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 31.15.10.02 - Homeowner's Insurance

A. Scope. This regulation applies to homeowner's insurance.

B. 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.

C. Weather-Related Claims-Standard for Cancellation or Nonrenewal.

(1) 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.

(2) 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.

D. Weather-Related Claims-Repair Notice.

(1) 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:

(a) An inspection of the insured's premises or dwelling; or

(b) 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.

(2) 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.

(3) 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.

(4) 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.

E. Material Misrepresentation.

(1) 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:

(a) Not have provided coverage; or

(b) Have denied a claim or any part of a claim.

(2) 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.

Md. Code Regs. 31.15.10.02

Regulations .02 adopted as an emergency provision effective February 4, 1999 (26:5 Md. R. 389); emergency status expired August 4, 1999; emergency status reinstated effective August 26, 1999 (26:19 Md. R. 1446); emergency status expired December 29, 1999
Regulations .02 adopted effective March 6, 2000 (27:4 Md. R. 455)