Ch. 564

LAWS OF MARYLAND

THE COMMISSIONER, concerning rehabilitation, payment of claims,
continuations of coverage, or the performance of other
contractual obligations of any impaired insurer.

(8)  The [Association] CORPORATION shall have standing
to appear before any court in this State with jurisdiction over
an impaired insurer concerning which the [Association]
CORPORATION is or may become obligated under this subtitle. Such
standing shall extend to all matters germane to the powers and
duties of the [Association] CORPORATION, including, but not
limited to, proposals for reinsuring or guaranteeing the covered
policies of the impaired insurer and the determination of the
covered policies and contractual obligations.

(9)  (a) Any. person receiving benefits under this
subtitle shall be deemed to have assigned [his] ALL rights under
the covered policy to the [Association] CORPORATION to the extent
of the benefits received because of this subtitle, whether the
benefits are payments of contractual obligations or continuation
of coverage. The [Association] CORPORATION may require an
assignment to it of such rights by any payee, policy or contract
owner, beneficiary, insured, or annuitant as a condition
precedent to the receipt of any rights or benefits conferred by
this subtitle upon such person. The [Association] CORPORATION
shall be subrogated to these rights against the assets of any
impaired insurer.

(b) The subrogation rights of the [Association]
CORPORATION under this subsection shall have the same priority
against the assets of the impaired insurer as that possessed by
the person entitled to receive benefits under this subtitle.

(10)  The contractual obligations of the impaired
insurer for which the [Association] CORPORATION becomes or may
become liable shall be as great as, but no greater than, the
contractual obligations of the impaired insurer would have been
in the absence of an impairment unless such obligations are
reduced as permitted by subsection (5) OF THIS SECTION and under
no circumstances shall the [Association] CORPORATION be liable
for care received after the date of an insurer's impairment
unless such care was in progress on said date or unless other
health care coverage is not available from another insurance
company or nonprofit health service plan.

(11)  The [Association] CORPORATION may[,]:

(a)  Enter into such contracts as are necessary
or proper to carry out the provisions and purposes of this
subtitle[.];

(b)  Sue or be sued, including taking any legal
actions necessary or proper for recovery of any unpaid
assessments under § 528[.] OF THIS SUBTITLE;

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