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Session Laws, 1957
Volume 640, Page 1572   View pdf image (33K)
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1572                                Laws of Maryland                         [Ch. 836

of the operator has not been established,such cause shall be stated
in the judgment and the plaintiff in such action may, within three
months from the date of the entry of such judgment, make applica-
tion for authority to bring an action upon said cause of action against
the commissioner in the manner provided in section 145R.

145T. Impleading commissioner in "hit-and-run" cases.

When an action has been commenced in respect of the death or
injury of any person arising out of the ownership, maintenance or
use of a motor vehicle in this state on or after June 1, 1959, the
plaintiff shall be entitled to make the commissioner a party thereto
if the provisions of section 145R or section 145S shall apply in any
such case, and the plaintiff has made the application and the court
has entered the order provided for in section 145R.

145U. Defense of such actions by commissioner.

In any action brought under section 145R or section 145S of this
sub-title, the commissioner may appear by counsel for the insurer
to whom such action has been assigned. He shall for all purposes
of the action be deemed to be the defendant. He shall have available
to him any and all defenses which would have been available to said
operator or owner or both if the action had been brought against
them or either of them and process upon them or either of them had
been duly served within this state, but he shall be entitled to defend
in all cases without disclosing to anyone his specific grounds for
defense.

145V. Settlement of actions against the commissioner.

In any action brought against the commissioner pursuant to an
order by the court entered in accordance with the provisions of
section 145R the plaintiff may file a verified petition alleging that he
has entered into an agreement with the board to settle all claims
set forth in the complaint in said action and stating the amount
proposed to be paid to him pursuant thereto. If the court be satisfied
of the fairness of such proposed settlement, it may enter an order
approving such settlement and enter a judgment against the com-
missioner for the amount so agreed to be paid thereunder.

145W. Judgment against commissioner.

When judgment is obtained against the commissioner in an action
brought under this sub-title, the determination of all proceedings
including appeals and reviews, the court shall make an order di-
recting the treasurer to pay out of the fund to the plaintiff the
amount thereof which does not exceed ten thousand dollars ($10,-
000.00), exclusive of interest and costs, on account of injury to, or
death of one person and, subject to such limit for the death of, or
injury to, any one person, does not exceed twenty thousand dollars
($20,000.00), exclusive of interest and costs, on account of the injury
to, or death of, more than one person, in any one accident, provided
that the applicable maximum amount or the amount of the judgment,
whichever is smaller, shall be reduced by the total of amounts re-
ferred to in subsection (b) of section 145M.

145X. Subrogation. When judgment has been obtained against
the commissioner in an action brought under this sub-title, the com-


 

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Session Laws, 1957
Volume 640, Page 1572   View pdf image (33K)
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