Ch. 546 LAWS OF MARYLAND
5-333.

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, 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.

(B) THE IMMUNITY DESCRIBED UNDER SUBSECTION (A) OF THIS
SECTION MAY NOT EXTEND TO ACTS OR OMISSIONS THAT ARE
MALICIOUS OR GROSSLY NEGLIGENT.

(C) THE IMMUNITY DESCRIBED UNDER SUBSECTION (A) OF THIS
SECTION EXTENDS TO AGENTS AND EMPLOYEES OF THE RECEIVER.

5-334.

(A) THERE MAY NOT BE ANY LIABILITY ON THE PART OF OR CAUSE
OF ACTION OF ANY NATURE AGAINST ANY MEMBER INSURER, THE
MARYLAND JOINT INSURANCE ASSOCIATION OR ITS AGENTS OR
EMPLOYEES, THE BOARD OF DIRECTORS, OR THE STATE INSURANCE
COMMISSIONER OR THE COMMISSIONER'S REPRESENTATIVES FOR ANY
ACTION TAKEN BY THEM IN THE PERFORMANCE OF THEIR POWERS AND
DUTIES UNDER ARTICLE 48A, SUBTITLE 27A OF THE CODE, EXCEPT:

(1) TO THE EXTENT THAT IT IS PROVEN THAT ANY OF THE
ENTITIES OR INDIVIDUALS SPECIFIED IN THIS SUBSECTION ACTUALLY
RECEIVED AN IMPROPER BENEFIT OR PROFIT IN MONEY, PROPERTY, OR
SERVICES, FOR THE AMOUNT OF THE BENEFIT OR PROFIT IN MONEY,
PROPERTY, OR SERVICES ACTUALLY RECEIVED;

(2) TO THE EXTENT THAT A JUDGMENT OR OTHER FINAL
ADJUDICATION ADVERSE TO ANY OF THE ENTITIES OR INDIVIDUALS
SPECIFIED IN THIS SECTION IS ENTERED IN A PROCEEDING BASED ON A
FINDING IN THE PROCEEDING THAT THE ENTITY'S OR INDIVIDUAL'S
ACTION, OR FAILURE TO ACT, WAS THE RESULT OF ACTIVE AND
DELIBERATE DISHONESTY AND WAS MATERIAL TO THE CAUSE OF
ACTION ADJUDICATED IN THE PROCEEDING; OR

(3) TO THE EXTENT THAT ANY ACT OF AN ENTITY OR
INDIVIDUAL SPECIFIED IN THIS SECTION WAS COMMITTED IN BAD
FAITH.

(B) THERE MAY NOT BE ANY LIABILITY ON THE PART OF OR CAUSE
OF ACTION OF ANY NATURE AGAINST INSURERS, THE MARYLAND JOINT

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