§ 10-6A-04. Authority conferred.

MD Ins Code § 10-6A-04 (2019) (N/A)
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(a)    A limited lines license to sell insurance in connection with, and incidental to, the peer–to–peer car sharing program agreement issued under this subtitle authorizes the peer–to–peer car sharing program to offer or sell, in connection with, and incidental to, a peer–to–peer car sharing program agreement, the insurance products specified in subsection (b) of this section if:

(1)    the policies have been filed with and approved by the Commissioner as compliant with § 19–520(d) of this article;

(2)    the peer–to–peer car sharing program holds an appointment with each authorized insurer, under § 10–118 of this title, that the peer–to–peer car sharing program intends to represent;

(3)    prior to completion of the peer–to–peer car sharing transaction, an employee or authorized representative of the peer–to–peer car sharing program provides to the shared vehicle driver disclosures approved by the Commissioner that:

(i)    summarize, clearly and correctly, the material terms of coverage, including limitations or exclusions;

(ii)    identify the authorized insurer or insurers;

(iii)    specify that the policies offered by the peer–to–peer car sharing program may provide a duplication of coverage already provided by a shared vehicle driver’s personal automobile insurance policy, homeowner’s insurance policy, personal liability insurance policy, or other source of coverage;

(iv)    specify that the purchase of the coverage offered by the peer–to–peer car sharing program is not required in order for the shared vehicle driver to participate in the peer–to–peer car share;

(v)    describe the process by which the shared vehicle driver can file a claim; and

(vi)    specify that any excess liability coverage purchased by the shared vehicle driver may duplicate coverage required to be provided under § 18.5–102 of the Transportation Article;

(4)    the peer–to–peer car sharing program provides a training program, approved by the Commissioner, for each employee or authorized representative who sells, solicits, or negotiates insurance coverage under this subtitle that includes:

(i)    instruction about the kinds of insurance specified in subsection (b) of this section that can be offered to shared vehicle drivers;

(ii)    instruction that the employee or authorized representative is required to inform a shared vehicle driver that the purchase of any insurance from the peer–to–peer car sharing program is not required in order for the shared vehicle driver to participate in the peer–to–peer car share; and

(iii)    instruction that the employee or authorized representative is required to inform a shared vehicle driver that the shared vehicle driver may have insurance policies that already provide the coverage being offered by the peer–to–peer car sharing program; and

(5)    an employee or authorized representative who offers or sells insurance coverage on behalf of the peer–to–peer car sharing program informs a shared vehicle driver that the policies offered by the peer–to–peer car sharing program may duplicate coverage already provided by the shared vehicle driver’s personal automobile insurance policy, homeowner’s insurance policy, personal liability insurance policy, or other source of coverage.

(b)    A limited lines license to sell insurance in connection with, and incidental to, a peer–to–peer car sharing program agreement issued under this subtitle authorizes the peer–to–peer car sharing program to offer or sell insurance policies under this subtitle that are:

(1)    in the amount of, in excess of, or optional to the coverages required to be provided under § 19–520(d)(1) of this article; and

(2)    one of the following kinds of insurance:

(i)    bodily injury liability;

(ii)    property damage liability;

(iii)    uninsured motorist insurance; or

(iv)    if approved by the Commissioner, any other insurance coverage that is appropriate in connection with a peer–to–peer car sharing program agreement.