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Session Laws, 1957
Volume 640, Page 1565   View pdf image (33K)
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Theodore R. McKeldin, Governor                   1565

propriate on the behalf and in the name of the defendant, and may
thereupon, on the behalf and in the name of the defendant, conduct
his defense, take recourse to any appropriate method of review on
behalf of, and in the name of, the defendant, and all such acts shall
be deemed to be the acts of such defendant; provided, however, that
nothing contained herein shall deprive defendant of the right to
also employ his own counsel, to participate in the defense of the
action. All expenses incurred by such insurer in connection with
any review or appeal prosecuted or defended by it from a judgment
rendered in such action shall be borne by the fund, and its attorneys'
fees in connection therewith shall be subject to approval by the
court.

145H. Co-operation of defendant.

In any case in which an insurer has assumed under this sub-title
the defense of any action, the defendant shall co-operate with such
insurer in the defense of such action. In the event of his failure to do
so, such insurer may apply to the court for an order directing such
cooperation.

145-I. Application for payment of judgment.

When any qualified person or the personal representative of such
person recovers a valid judgment for an amount in excess of two
hundred dollars ($200.00),
ONE HUNDRED DOLLARS ($100.00),
exclusive of interest and costs, in any court of competent jurisdiction
in this state, against any other person who was the operator or owner
of a motor vehicle, for injury to, or death of, any person or (persons or
for damages to property, except property of others in charge of such
operator or owner or such operator's or owner's employees, arising
out of the ownership, maintenance or use of the motor vehicle in this
state on or after the first day of June, 1959, and any amount in excess
of two hundred ($200.00)
ONE HUNDRED DOLLARS ($100.00)
remains unpaid thereon, such judgment creditors may, upon the ter-
mination of all proceedings, including reviews and appeals in connec-
tion with such judgment, file a verified claim in the court in which
the judgment was entered and, upon ten days' written notice to the
board, may apply to the court for an order directing payment out of
the fund, of the amount unpaid upon such judgment, subject to the
limitations stated in Section 145M.

145J. Hearing on application for payment of judgment.

(a)  The court shall proceed upon such application, in a summary
manner, and, upon the hearing thereof, the applicant shall be re-
quired to show

(b)  He is not a spouse, parent or child of the judgment debtor, or
the personal representative of such spouse, parent or child,

(c) He was not at the time of the accident, a guest occupant

riding in a motor vehicle owned or operated by the judgment debtor
and is not the personal representative of such a guest occupant.

(d) (C) He was not at the time of the accident, operating or rid-
ing in any uninsured motor vehicle owned by him or his spouse,
parent or child, and is not the personal representative of the person
so operating or riding,


 

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Session Laws, 1957
Volume 640, Page 1565   View pdf image (33K)
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