Section 12-104 - Validity and effect of limitations periods. - Maryland Statutes

§ 12-104. Validity and effect of limitations periods.
 

(a)  In general.- A provision in an insurance contract or surety contract that sets a shorter time to bring an action under or on the insurance contract or surety contract than required by the law of the State when the insurance contract or surety contract is issued or delivered is against State public policy, illegal, and void. 

(b)  Effect.- If an insurance contract or surety contract contains a provision that is illegal under this section: 

(1) a State court may not give effect to the provision; and 

(2) a defense to liability under the insurance contract or surety contract may not be based upon the shorter limitation period. 
 

[An. Code 1957, art. 48A, § 377B; 1995, ch. 36.]