SPIRO T. AGNEW, Governor                       613

CHAPTER 424
(House Bill 343)

AN ACT to repeal and re-enact, with amendments, Section 161(o)
171 of Article 66½ of the Annotated Code of Maryland (1967
Replacement Volume), title "Motor Vehicles," subtitle "Unsatisfied
Claim and Judgment Fund" to give in certain cases of hit and run
accidents an insurer certain authority to settle claims without court
approval PROVIDE GENERALLY FOR THE PROCEDURE IN
THE SETTLEMENT OF CLAIMS ARISING OUT OF HIT AND
RUN ACCIDENTS.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 161(c) 171 of Article 66½ of the Annotated Code of
Maryland (1967 Replacement Volume), title "Motor Vehicles," sub-
title "Unsatisfied Claim and Judgment Fund" be and it is hereby re-
pealed and re-enacted, with amendments, to read as follows:

161 171.

(c) An insurer to whom a claim has been assigned, including

claims for "hit and run" cases as provided for under Section 167

of this Article, may settle without court approval any claim involv-
ing the payment of five thousand dollars ($5,000.00) or less with
the approval of the chief administrative employee of the Board and
any member of the Board is satisfied—

(1) That the claimant has complied with all the requirements
of Section 154 and is not a person of the character described in sub-

sections (a), (b) and (c) of Section 159 and that the owner or
operator of the motor vehicle was not at the time of the accident

insured under a policy of automobile liability insurance under the

terms of which the insurer is liable to pay in whole or in part

the amount of the judgment;

(2) That the settlement is not made on the behalf of an insurer

under circumstances set forth in subsection (1) of Section 159; and

(3) That a judgment against the owner or operator of the motor
vehicle involved in the accident would be uncollectible; and

(4) If such owner or operator has consented to such settlement,
executed and delivered to the Board a verified statement of his
financial condition and has undertaken in writing to repay to the

Treasurer the sum to be paid under the settlement, and has executed
a confession of judgment in connection therewith.

(A) IN AN ACTION BROUGHT AGAINST THE COMMIS-
SIONER PURSUANT TO AN ORDER BY THE COURT EN-
TERED IN ACCORDANCE WITH THE PROVISIONS OF SEC.
167 WHERE A SETTLEMENT IN EXCESS OF $5,000 HAS BEEN
AGREED UPON BETWEEN PLAINTIFF AND THE BOARD,
THE PLAINTIFF MAY FILE A VERIFIED PETITION ALLEG-
ING 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