Nationwide total-loss settlements in Maryland: how to negotiate a fair offer

Maryland regulates first-party automobile total losses through three layered authorities: the Unfair Claim Settlement Practices statute at Md. Code Ann., Ins. § 27-303, the first-party bad-faith private right of action at Md. Code Ann., Ins. §§ 27-1001 through 27-1005, and the implementing claims-handling regulation at COMAR 31.15.07. Maryland does not impose a separate licensing requirement on a policyholder's appraiser invoked under the policy's appraisal clause. Md. Code Ann., Ins. § 27-303 — Unfair Claim Settlement Practices. The statute defines specific prohibited claim-handling practices, including misrepresenting pertinent facts or policy provisions; failing to acknowledge and act with reasonable promptness on claim communications; failing to adopt and implement reasonable standards for the prompt investigation of claims; refusing to pay a claim for an arbitrary or capricious reason based on all available information; failing, on request of the insured, to provide a prompt, written explanation of the basis for denial of the claim or for the offer of a compromise settlement; failing to settle a claim promptly under one portion of a policy in order to influence settlement under other portions; and failing to act in good faith. Md. Code Ann., Ins. §§ 27-1001 through 27-1005 — First-Party Insurance Bad Faith. Effective October 1, 2007, Maryland created a statutory private right of action for first-party insurance claimants when an insurer fails to act in good faith. The remedy includes: (1) actual damages; (2) expenses and litigation costs, including reasonable attorney's fees; (3) interest on all of the foregoing at the post-judgment rate from the date the insurer received notice of the claim; and (4) on clear and convincing evidence, the court may award additional damages of up to 25% of the actual damages. The procedure requires an administrative complaint to the Maryland Insurance Administration first, with appeal rights to circuit court. "Failure to act in good faith" means an insurer's refusal to pay a covered claim without legitimate basis under the policy and applicable law. COMAR 31.15.07 — Unfair Claim Settlement Practices Regulation. Maryland's claim-handling regulation establishes detailed standards for the investigation and settlement of first-party automobile total-loss claims: (.06) Settlement — Total Loss. When an insurer settles a first-party automobile total-loss claim, the insurer shall determine the actual cash value of the vehicle using one of the following methods: (1) the cost of two or more comparable vehicles available within a reasonable geographic distance; (2) two or more dealer quotations from dealers within a reasonable geographic distance; or (3) one or more automobile valuation services that produce statistically valid fair market values for vehicles in the geographic area concerned, including all major options. (.06)(B) Documentation. The insurer's claim file must contain the source data used to determine the actual cash value, including the comparable vehicles, dealer quotations, or valuation service output, with options, mileage, and any condition adjustments specifically itemized. (.06)(C) Adjustments. Adjustments to actual cash value because of vehicle condition, mileage, or required repair must be: (1) measurable and discernible; (2) itemized and specified in dollar amounts; and (3) appropriate to the magnitude of the issue documented. (.06)(D) Right of Recourse. If the insured demonstrates that they cannot purchase a comparable vehicle within a reasonable geographic distance for the offered amount, the insurer shall reopen the claim and either locate a comparable vehicle, pay the difference, or invoke the policy's appraisal clause. Md. Vehicle Law § 11-152 — Salvage Title Threshold. A vehicle for which the cost of repair to its pre-accident condition exceeds 75% of its fair market value before the loss must be branded as a salvage vehicle. The 75% threshold sets the operational total-loss decision point in Maryland. Maryland does not impose a separate licensing requirement on a policyholder's appraiser invoked under the policy's appraisal clause.