WILLIAM DONALD SCHAEFER, Governor Ch. 546
House, if available, the Governor by executive order may declare that an emergency
exists and may:
(5) Adopt procedures or limitations concerning the payment or
nonpayment of negotiable instruments, including fees imposed, and liability or
immunity [for wrongful dishonor] DESCRIBED UNDER TITLE 5, SUBTITLE 3 £
5-331 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE;
4-912.
[Neither the State nor any subdivision or municipality of the State shall be liable
or accountable in any way for any act or omission by an individual appointed under this
subtitle, unless the subdivision or municipality has requested the appointment of the
individual as a special policeman, and the request was granted as provided for herein.]
UNLESS A SUBDIVISION OR MUNICIPALITY REQUESTS THE
APPOINTMENT OF AN INDIVIDUAL AS A SPECIAL POLICEMAN AND THE
REQUEST IS GRANTED AS PROVIDED IN THIS SUBTITLE, THE STATE AND
ANY SUBDIVISION OR MUNICIPALITY OF THE STATE SHALL HAVE THE
IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3 |
5-332 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.
Article 48A - Insurance Code
164B.
[(a) No claim of any nature whatsoever that is directly related to the receivership
of an insurer shall arise against, and no liability shall be imposed upon, the Insurance
Commissioner, Deputy Commissioner, Special Deputy Commissioner, or any person or
entity acting as a receiver of an insurer, including surety, in rehabilitation, liquidation,
or conservation as a result of a court order issued on or after January 1, 1985 for any
statement made or actions taken or not taken in the good faith exercise of their powers
under law. However this immunity shall not extend to acts or omissions which are
malicious or grossly negligent. This qualified immunity extends to agents and employees
of the receiver.]
(A) THE INSURANCE COMMISSIONER, DEPUTY COMMISSIONER,
SPECIAL DEPUTY COMMISSIONER, OR ANY PERSON OR ENTITY ACTING
AS A RECEIVER OF AN INSURER, INCLUDING SURETY, IN
REHABILITATION, LIQUIDATION, OR CONSERVATION AS A RESULT OF A
COURT ORDER ISSUED ON OR AFTER JANUARY 1, 1985 SHALL HAVE THE
IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3 §
5-333 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.
[478H.
(1) There may not be any liability on the part of or cause of action of any nature
against any member insurer, the Association or its agents or employees, the Board of
Directors, or the Commissioner or the Commissioner's representatives for any action
taken by them in the performance of their powers and duties under this subtitle, except:
(i) To the extent that it is proven that any of the entities or individuals
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