WILLIAM DONALD SCHAEFER, Governor Ch. 78

both persons for the amount of the damage sustained by the claimant when and if the
identity of either or both persons is established, and the whereabouts of either or both
persons is established, AND (ii) entitled to recover the same out of any funds which
would be payable in respect to the death or injury under any policy of insurance which
was in force at the time of the accident. If more is recovered and collected in any such
action than the amount paid out of the Fund the Fund shall, [pay the balance] after
reimbursing itself[, to the claimant.] AS PROVIDED IN § 243H, EITHER COLLECT
AND PAY THE UNPAID BALANCE TO THE CLAIMANT OR ASSIGN AND
TRANSFER TO THE CLAIMANT ANY JUDGMENT, NOTE, OR OTHER RIGHT,
INTEREST, OR CAUSE OF ACTION WHICH THE FUND MAY HAVE AGAINST
THE UNINSURED PERSON OR PERSONS. The Fund may bring such an action
against either or both persons within six months after the identity of either or both
persons is established or the whereabouts of either or both persons is established
notwithstanding any other statute of limitations.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1990.

Approved April 24, 1990.

CHAPTER 78
(Senate Bill 88)

AN ACT concerning

Maryland Automobile Insurance Fund - Subrogation Against Negligent Motorists -

Recovery of Costs of Collection

FOR the purpose of authorizing the Maryland Automobile Insurance Fund (MAIF) to
subrogate against responsible negligent motorists for the costs of loss collection, in
any manner provided for by law, including the Maryland Tax Refund Intercept
Program law; and generally relating to the recovery of funds by MAIF.

BY repealing and reenacting, with amendments,
Article 48A - Insurance Code
Section 243F

Annotated Code of Maryland
(1986 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

243F.

(a) The executive director shall settle, compromise, or defend claims against the

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