J. MILLARD TAWES, Governor                      445

the period of the emergency and the State Police are hereby author-
ized to have any such vehicle so parked towed from said highway.

The Superintendent of the State Police or his representative shall
have the authority to call such emergency for the State highways so
designated as a whole or for such State highways in the State as he
deems necessary which emergency shall continue in force and effect
until the Superintendent or his representative shall declare it no
longer necessary.

Any person, firm or corporation violating the provisions of this
section or the rules and regulations made pursuant hereto shall be
deemed guilty of a misdemeanor and upon conviction be fined a
minimum of $10.00 or a maximum of $25.00.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1964.

Approved April 7, 1964.

CHAPTER 185
(House Bill 47)

An Act to add new Section 482 to Article 48A of the Annotated Code
of Maryland (1963 Supplement), title "Insurance Code," subtitle
"Casualty Insurance," to follow immediately after Section 481
thereof, to require insurance companies to prove actual prejudice to
it in actions under motor vehicle liability insurance where the
company files a disclaimer of insurance FOR LATE NOTICE OR
FAILURE TO COOPERATE and relating to motor vehicle liability
insurance.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 482 be and it is hereby added to Article 48A of the
Annotated Code of Maryland (1963 Supplement), title "Insurance
Code," subtitle "Casualty Insurance," to follow immediately after
Section 481 thereof, to read as follows:

482.

In any action brought by or against an insurer on a policy of motor

vehicle liability insurance issued by it or by or against a person in

sured under a policy of motor vehicle liability insurance issued to him,
in which there is filed a plea or allegation disclaiming insurance for
any reason, the insurer, notwithstanding any provisions of the policy
of insurance to the contrary, shall not be relieved of liability under
policy of insurance unless it can prove to the satisfaction of the court

that the insurer has been actually prejudiced by the reason stated

as grounds for the disclaimer of insurance.

WHERE ANY INSURER SEEKS TO DISCLAIM COVERAGE
ON ANY POLICY OF MOTOR VEHICLE LIABILITY INSUR-
ANCE ISSUED BY IT, ON THE GROUND THAT THE INSURED
OR ANYONE CLAIMING THE BENEFITS OF THE POLICY