clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1963
Volume 671, Page 1081   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

J. MILLARD TAWES, Governor                       1083

herewith are filed with the clerk of the court in which such action is
pending on or before the date the defendant is required to appear, or
within such further time as the court may allow.

207.    Default Judgment.

No plaintiff or complainant shall be entitled to a judgment by de-
fault until the expiration of thirty days from date of the filing of the
affidavit of compliance.

208.    Mode of Service Cumulative.

Nothing in this Act shall limit or abridge the right to serve any
process, notice or demand upon any insurer in any other manner now
or hereafter permitted by law.

209.    Defense By Unauthorized Insurer.

(a)   Deposit or bond. Before any unauthorized foreign or alien
insurer shall file or cause to be filed any pleading in any action, suit
or proceeding instituted against it, such unauthorized insurer shall
in addition to any other requirement that may be imposed by law
either (1) deposit with the clerk of the court in which such action,
suit or proceeding is pending cash or securities or file with such clerk
a bond with good and sufficient sureties, to be approved by the court,
in an amount to be fixed by the court sufficient to secure the payment
of any final judgment which may be rendered in such action; pro-
vided, however, that the court may in its discretion make an order
dispensing with such deposit or bond where the insurer makes a
showing satisfactory to such court that it maintains in a state of the
United States funds or securities, in trust or otherwise, sufficient
and available to satisfy any final judgment which may be entered
in such action, suit or proceedings; or (2) procure a certificate of
authority to transact the business of insurance in this State.

(b)   Postponement. The court in any action, suit or proceeding, in
which service is made in the manner provided in sections 205 and 206,
may, in its discretion, order such postponement as may be necessary
to afford the defendant reasonable opportunity to comply with the
provisions of subsection (a) of this section and to defend such action.

(c)   Motion to quash writ. Nothing in subsection (a) of this sec-
tion is to be construed to prevent an unauthorized foreign or alien
insurer from filing a motion to quash a writ or to set aside service
thereof made in the manner provided in sections 205 and 206 of this
subtitle on the ground either (1) that such unauthorized insurer has
not done any of the acts enumerated in section 204, or (2) that the
person on whom service was made pursuant to section 206 was not
doing any of the acts therein enumerated.

210.    Attorney Fees of Plaintiff.

In any action against an unauthorized foreign or alien insurer
upon a contract of insurance issued or delivered in this State to a
resident thereof or to a corporation authorized to do business therein,
if the insurer has failed for thirty days after demand prior to the
commencement of the action to make payment in accordance with
the terms of the contract, and it appears to the court that such
refusal was vexatious and without reasonable cause, the court may

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1963
Volume 671, Page 1081   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives