(a) In any question that arises under the coverage between an unauthorized insurer and the insured, the unauthorized insurer is deemed to have received the premium due it for surplus lines insurance if:
(1) the unauthorized insurer has assumed a surplus lines risk under this subtitle; and
(2) the surplus lines broker who placed the surplus lines insurance has received the premium for the surplus lines insurance.
(b) An unauthorized insurer described in subsection (a) of this section is liable to the insured for losses covered by the surplus lines insurance and, on cancellation, for unearned premiums that may become payable to the insured, whether or not the surplus lines broker is indebted to the unauthorized insurer for the surplus lines insurance or for any other reason.
(c) This section does not affect rights between the unauthorized insurer and the surplus lines broker.
(d) Each unauthorized insurer that assumes a surplus lines direct risk under this subtitle subjects itself to the terms of this section.
Structure Maryland Statutes
Subtitle 3 - Surplus Lines Insurance
Section 3-302 - Scope of Subtitle
Section 3-303 - Placement of Insurance With Alien Insurer
Section 3-305 - Compliance With Filing Requirement
Section 3-306 - Procuring Surplus Lines Insurance Authorized
Section 3-306.1 - Diligent Search -- When Deemed Completed or Unnecessary
Section 3-306.2 - Disability Insurance and Short-Term Medical Insurance -- Nonadmitted Insurers
Section 3-308 - Endorsement of Contract or Confirmation
Section 3-309 - Validity of Surplus Lines Insurance Contract
Section 3-310 - Certificate of Qualification Required for Surplus Lines Broker; Exceptions
Section 3-311 - Qualifications of Applicants
Section 3-312 - Applications for Certificate of Qualification
Section 3-314 - Issuance of Certificate of Qualification
Section 3-315 - Scope of Certificate of Qualification
Section 3-316 - Term and Renewal of Certificate of Qualification
Section 3-316.1 - Reinstatement of Certificate of Qualification
Section 3-317 - Suspensions and Revocations
Section 3-318 - Approval of Surplus Lines Insurer
Section 3-319 - Placement of Surplus Lines Insurance Prohibited
Section 3-320 - Receipt of Premium by Surplus Lines Broker
Section 3-321 - Delivery of Policy, Binder, or Cover Note
Section 3-324 - Premium Receipts Tax on Surplus Lines Insurance
Section 3-325 - Report of Premium Receipts and Payment of Tax
Section 3-326 - Delivery of False Binder or Cover Note Prohibited