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Session Laws, 1957
Volume 640, Page 561   View pdf image (33K)
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Theodore R. McKeldin, Governor                    561

Code of Maryland (1951 Edition), title "Insurance", sub-title "Title
Insurance"; Section 287 of Article 48A of the Annotated Code of
Maryland (1951 Edition), title "Insurance", sub-title "Installment
Accumulation Contracts"; and Section 316 of Article 48A of the An-
notated Code of Maryland (1951 Edition), title "Insurance", sub-
title "Explosives", be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

208 (8). (Judicial Review), Any order or decision of the Com-
mission shall be subject to review upon appeal taken within 30 days
from the date of such order or decision by any party in interest to
the Circuit Court, sitting in Equity, in any County, or to the Cir-
cuit Court or the Circuit Court No. 2 of Baltimore City, in which
the insurer has its principal office in this State. All such appeals
should be upon the record or proceedings before the Commissioner,
certified to the Court by the Commissioner, including a statement of
all facts considered by the Commissioner upon which his findings
was based. Either side may introduce additional testimony or other
evidence before the Court. The petition of appeal shall set forth con-
cisely the particulars in which the action of the Commissioner is al-
leged to be arbitrary, unreasonable or against the weight of the
evidence. The decision of the Circuit Court shall conclude the matter
as to all parties, except that an insurer or the Insurance Commis-
sioner may take an appeal from the final order to the Court of Ap-
peals in the same manner as in other equity cases [but within 10
days after the date of such final order, and the Court of Appeals
shall immediately hear and determine such appeal]. Any appeal by
an insurer from an order or decision of the Commissioner shall con-
stitute a stay to such order or decision until the matter is finally
concluded and determined.

287. (Right of Appeal.) Any company claiming to be aggrieved
because of any final action taken by the Commissioner in refusing
a license or in refusing to renew any license or in revoking a license,
of said company, may appeal to the Circuit Court of any county sit-
ting in equity, or the Circuit Court or Circuit Court No. 2 of Balti-
more City, in which the company resides or is doing business, or in
which the office of the Commissioner may be situated. All such ap-
peals should be upon the record of proceedings before the Commis-
sioner certified to the Court by the said Commissioner, including a
statement of all facts considered by said Commissioner on which his
finding was based. Either side may introduce additional testimony
or other evidence in the Circuit Court. Such petition of appeal shall
set forth concisely the particulars in which the action of the Com-
missioner is claimed to be unlawful, unreasonable or against the sub-
stantial weight of the evidence. If the Court finds such error, it shall
remand the case to the Commissioner for further proceedings in ac-
cordance with its opinion or order; otherwise the action of the Com-
missioner shall be affirmed. From the final decision of the Court
hearing such appeal, any company may take an appeal to the Court
of Appeals in the same manner as in other equity cases [, but within
ten days after the order appealed from; and the Court of Appeals
shall immediately hear and determine such appeal]. The Appeal to
the Circuit Court shall be taken within thirty days from the date of
the order, action, or refusal to act of the Commissioner, provided
notice of such order, action or refusal to act shall be furnished the
company as hereinabove provided.

 

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Session Laws, 1957
Volume 640, Page 561   View pdf image (33K)
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