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Session Laws, 1968
Volume 683, Page 1011   View pdf image
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SPIRO T. AGNEW, Governor                       1011

170.

In any action brought under [Section 167 or 168] Sections 167,
168, or 169
of this subtitle, the [Commissioner] Board may appear
by counsel for the insurer to whom such action has been assigned.
[He] It shall for all purposes of the action be deemed to be the de-
fendant. [He] It shall have available to [him] it any and all de-
fenses 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] it shall be entitled to defend in all cases
without disclosing to anyone [his] its specific grounds for defense.

171.

In any action brought against the [Commissioner] Board pursuant
to an order by the court entered in accordance with the provisions of
[Section 167] Sections 167, 168 or 169 of this Article, the plaintiff
may file a verified petition alleging that he has entered into an agree-
ment 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 settle-
ment and enter a judgment against the [Commissioner] Board for
the amount so agreed to be paid thereunder.

172.

(a) When judgment is obtained against the [Commissioner]
Board in an action brought under this subtitle, the determination of
all proceedings including appeals and reviews, the court shall make
an order directing the Treasurer to pay out of the fund to the plain-
tiff the amount thereof which does not exceed Fifteen Thousand
Dollars ($15,000.00), 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 Thirty Thou-
sand Dollars ($30,000.00), exclusive of interest and costs, on ac-
count 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 referred to in subsection (b) of Section 162.

(b) No such order shall be entered until the applicant has fully

pursued and exhausted all remedies available to him for recovering
the amounts referred to in paragraph (3) of subsection (b) of Sec
-
tion 162 by commencing action against all such persons against whom

the applicant might reasonably be considered as having a cause of

action in respect of such damages and prosecuting every such action

in good faith to judgment and taking all reasonable steps available
to him to collect on every judgment so obtained.

173.

When judgment has been obtained against the [Commissioner]
Board in an action brought under this subtitle, the [Commissioner]!
Board shall, upon payment from the fund of the amount of the
judgment to the extent provided in this subtitle, be subrogated to the
cause of action of the judgment creditor against the operator or
owner of the motor vehicle by which the accident was occasioned,

 

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Session Laws, 1968
Volume 683, Page 1011   View pdf image
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