Section 10-921 - Burden of proof in uninsured motorist coverage actions. - Maryland Statutes

§ 10-921. Burden of proof in uninsured motorist coverage actions.
 

(a)  In general.- In an action against an insurer or the Maryland Automobile Insurance Fund under a policy providing uninsured motor vehicle liability coverage, the person asserting the uninsured status of a motor vehicle shall have the burden to prove that status. 

(b)  Vehicles registered in the State.- For a motor vehicle registered in the State on the date of the occurrence out of which the cause of action arose, the burden of proof shall be deemed satisfied when the person asserting the uninsured status of the motor vehicle introduces: 

(1) A certified copy of the official record of the Motor Vehicle Administration for that motor vehicle indicating the absence of a record that the motor vehicle was covered by the security required by § 17-104 of the Transportation Article on the date of the occurrence out of which the cause of action arose; or 

(2) A denial of coverage based on the absence of an in-force policy of insurance covering the vehicle on the date of the occurrence out of which the cause of action arose by the insurer that has been identified as the insurer of the motor vehicle: 

(i) By the Motor Vehicle Administration; 

(ii) In writing, if any, by the driver or owner of the motor vehicle; and 

(iii) In a report, if any, prepared by an officer of a federal, state, county, or municipal law enforcement agency who investigated the occurrence out of which the cause of action arose. 

(c)  Vehicles registered out-of-state.- For a motor vehicle registered outside the State on the date of the occurrence out of which the cause of action arose, the burden of proof shall be deemed satisfied when the person asserting the uninsured status of the motor vehicle introduces: 

(1) A certified copy of the official records of the governmental unit, if any, that maintains records of insurance coverage for motor vehicles registered in that state indicating the absence of a record that the motor vehicle was covered by insurance on the date of the occurrence out of which the cause of action arose; or 

(2) A denial of coverage based on the absence of an in-force policy of insurance covering the vehicle on the date of the occurrence out of which the cause of action arose by the insurer that has been identified as the insurer of the vehicle: 

(i) By the governmental unit, if any, that maintains records of whether motor vehicles in the state are insured; 

(ii) In writing, if any, by the driver or owner of the motor vehicle; and 

(iii) In a report, if any, prepared by an officer of a federal, state, county, or municipal law enforcement agency who investigated the occurrence out of which the cause of action arose. 

(d)  Satisfaction of burden of proof.- If a person satisfies the burden of proof under subsection (b) or (c) of this section, the finder of fact shall find the motor vehicle at issue to be uninsured, unless an adverse party establishes by a preponderance of the evidence that the motor vehicle or the driver of the motor vehicle was covered by a valid, enforceable motor vehicle liability insurance policy, bond, or security that provides coverage for the occurrence out of which the cause of action arose. 
 

[2006, ch. 17.]