The Maryland Insurance Administration published a Bulletin addressed to all motor vehicle insurance companies, rating organizations, producers, agents, and the Maryland Automobile Insurance Fund (MAIF)–Maryland's auto insurance residual market. The purpose of the Bulletin is to alert insurers or anyone authorized to issue motor vehicle insurance in the state of the requirements related to uninsured and underinsured coverage as they relate to diminution of value claims, and the Administration's intention to enforce those requirements.
UM and UIM coverage protect insureds in situations where they cannot fully recover from an at-fault uninsured or underinsured driver, or in hit-and-run situations. The Administration holds that UM and UIM coverage, which are required to be carried under Maryland law, must also cover the diminution of value (DV) of a motor vehicle. Diminution of value is the loss of value of a vehicle after it has been damaged and repaired–it is the difference between the vehicle's market value before an accident and the lowered value even after it has been repaired following an accident. Maryland courts have held that the diminution of a vehicle's value is a valid and compensable part of loss payment.
Underinsured Motorist Property Damage (UMPD) is the component of UM/UIM coverage that includes DV coverage. UMPD is considered "first party" coverage, meaning that the coverage is optional and non-mandatory, and included as a part of a direct contractual agreement between the insurer and the policyholder. Because of the optional nature, insurers have historically excluded DV as a compensable payout, and the Administration did not disapprove those forms in the past.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]