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MARVIN MANDEL, Governor 2887
Article 48A - Insurance Code
40. LEGAL MUTUAL LIABILITY INSURANCE
SOCIETY OF MARYLAND
566.
(A) AS USED IN THIS SUBTITLE THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.
(B) "ATTORNEY" MEANS A PERSON ADMITTED TO THE BAR
AND CERTIFIED TO PRACTICE LAW IN THE COURT OF APPEALS OF
MARYLAND.
(C) "COMMISSIONER" MEANS THE STATE INSURANCE
COMMISSIONER OF MARYLAND.
(D) "PRACTICE OF LAW" BY AN ATTORNEY IN MARYLAND
HAS THE DEFINITION GIVEN BY THE COURT OF APPEALS OF
MARYLAND AND INCLUDES THE DEFINITION GIVEN IN § 1 OF
ARTICLE 10 OF THE CODE.
(E) "SOCIETY" MEANS THE LEGAL MUTUAL LIABILITY
INSURANCE SOCIETY OF MARYLAND CREATED BY § 568.
567.
(A) THE PURPOSE OF THIS SUBTITLE IS TO PROVIDE A
MECHANISM FOR THE PAYMENT OF INDEMNITIES TO PERSONS
SUFFERING INJURY ARISING OUT OF THE RENDERING OF OR THE
FAILURE TO RENDER PROFESSIONAL SERVICES BY ATTORNEYS AND
TO PROVIDE A MECHANISM FOR ATTORNEYS TO OBTAIN INSURANCE
AGAINST LIABILITY FOR INJURY DUE TO THE RENDERING OF OR
FAILURE TO RENDER ANY PROFESSIONAL SERVICE, SUBJECT TO
THE LIMITATIONS AND IMMUNITIES PROVIDED IN THIS SUBTITLE
AND SUBJECT TO THE PROVISIONS OF SUBSECTION (B).
(B) THE PROVISIONS OF THIS SUBTITLE SHALL BECOME
EFFECTIVE UPON A FINDING BY THE COMMISSIONER THAT A
SUBSTANTIAL NUMBER OF ATTORNEYS ARE OR WITHIN SIX MONTHS
WILL BE UNABLE TO OBTAIN LEGAL MALPRACTICE INSURANCE FROM
INSURERS ADMITTED TO WRITE SUCH INSURANCE IN MARYLAND AND
THAT THE LACK OF SUCH INSURANCE IS HAMPERING THE PRACTICE
OF LAW IN MARYLAND AND THEREBY AFFECTING THE ABILITY OF
THE CITIZENS OF MARYLAND TO OBTAIN PROPER LEGAL
REPRESENTATION OR SERVICES. BEFORE MAKING SUCH A
FINDING, THE COMMISSIONER SHALL CONSULT WITH THE OFFICERS
AND BOARD OF GOVERNORS OF THE MARYLAND STATE BAR
ASSOCIATION, INC. AND SUCH OTHER ORGANIZATIONS AS HE
DEEMS APPROPRIATE.
568.
(A) SUBJECT TO THE PROVISIONS OF § 567(B), A
NONSTOCK SOCIETY IS CREATED TO BE KNOWN AS THE "LEGAL
MUTUAL LIABILITY INSURANCE SOCIETY OF MARYLAND."
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(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE,
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