260                               LAWS OF MARYLAND                        [CH. 149

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 85 through 89, inclusive, be and they are hereby
added to Article 101 of the Annotated Code of Maryland (1964
Replacement Volume), title "Workmen's Compensation," to follow
immediately after Section 84 thereof and to be under the new sub-
title "Liability for Awards Against Insolvent Insurers," and to read
as follows:

Liability For Awards Against Insolvent Insurers
85.

Every insurer issuing workmen's compensation insurance in this
State shall be liable to the extent and in the manner hereafter set
forth for the payment of unpaid awards of workmen's compensation
arising out of injuries sustained from and after June 1, 1967,
while the employer was insured by an insurer and the insurer be-
comes insolvent. Upon the determination by the commissioner, or
other competent authority of the state where the insurer is incorpo-
rated or organized, that the insurer is insolvent, the commission
shall thereupon and thereafter from time to time certify to the
State Insurance Department the unpaid awards of workmen's com-
pensation for such injuries outstanding against employers insured
by this insurer and as to which it is liable. The Department shall
thereupon make payment of the unpaid awards so far as funds are
available at the times and in the amounts required by the awards,
unless payment in a lesser number of installments is authorized by
the commission; and, if sufficient funds to make all of the payments
due and payable are not available in any one year, the available
funds shall be prorated to these claims in proportion to the amounts
of the awards due and payable in that year and the unpaid por-
tion thereof shall be paid as soon as funds are available.

86.

If necessary to secure funds for the payment of these awards, it
shall be the duty of the Department upon such certification, to
levy assessments on all insurers writing workmen's compensation
insurance in the proportion that the workmen's compensation in-
surance written by each such insurer in the state during the preced-
ing calendar year bears to the total of such insurance written in
the state during that year. The assessments may be made at any
time by the Department in its discretion for such amount as it
estimates will be necessary to meet both past and future awards
which will probably become due and payable during the year in
which the assessment is levied. Each insurer assessed shall be given
at least thirty (30) days' notice by mail as to the date the assess-
ment is due and payable. In no event shall the total sum assessed
in any calendar year exceed one per cent (1%) of the premiums
for workmen's compensation insurance written in this state dur-
ing the preceding calendar year. Any assessment paid under the
provisions of this subtitle shall be included in determining the loss
ratio of such insurers.

87.

The Department shall be subrogated to the rights of the em-
ployee or his dependents, as against the employer and his insurer,