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Mirkin v. Medical Mutual Liability Insurance Society of Maryland

5/3/1990

355, 521 A.2d 761 (1987) (An underwriting standard providing for the cancellation of a policy obtained by a material misrepresentation was held to be reasonably related to the insurer's economic and business purposes without statistical proof.). There are obviously some underwriting standards whose fairness cannot be demonstrated through statistics but are nonetheless "reasonably related to the insurer's economic and business purposes." The standards employed in this case and in Miller, supra, provide useful examples. Each of these underwriting standards reflects the insurer's reluctance to insure what it justifiably considers questionable risks. The fact that the suitability of these standards cannot be mathematically verified does not foreclose their being "reasonably related to the insurer's economic and business purpose." We do not read ยง 234A as requiring insurers to utilize only those underwriting standards capable of statistical validation.


JUDGMENT AFFIRMED.


COSTS TO BE PAID BY THE APPELLANT.


Disposition


JUDGMENT AFFIRMED. COSTS TO BE PAID BY THE APPELLANT.






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