Marvin Mandel, Governor                        1443

§ 7-610. Cooperation of defendant.

In any case in which an insurer has assumed under this part the
defense of any action, the defendant shall cooperate with the insurer
in the defense of the action. In the event of his failure to do so, the
insurer may apply to the court for an order directing cooperation.

§ 7-611. Application for payment of judgment.

When any qualified person or the personal representative of such
person recovers a valid judgment for an amount in excess of one
hundred dollars ($100.00), exclusive of interest and costs, in any
court of competent jurisdiction in this State, against any other per-
son who was the operator or owner of a motor vehicle, for injury
to, or death of, any person or persons or for damages to property,
except property of others in charge of the operator or owner or the
operator's or owner's employees, arising out of the ownership, main-
tenance, or use of the motor vehicle in this State on or after the
first day of June, 1959, and any amount in excess of one hundred
dollars ($100.00) remains unpaid thereon, the judgment creditors,
upon the termination of all proceedings, including reviews and ap-
peals in connection with such judgment may file a verified claim in
the court in which the judgment was entered and, upon ten days'
written notice to the Board, may apply to the court for an order
directing payment of the fund, of the amount unpaid upon the judg-
ment, subject to the limitations stated in Section 7-615.

§ 7-612. Hearing on application for payment of judgment.

(a)    The court shall proceed upon such application, in a summary
manner, and, upon the hearing thereof, the applicant shall be re-
quired to show—

(b)    He is not a spouse of the judgment debtor, or the personal
representative of the spouse,

(c)    He was not at the time of the accident, operating or riding
in any uninsured motor vehicle owned by him, nor is he the personal
representative of a person who was operating or riding in the ve-
hicle; nor is claim being made for damage to or destruction of an
uninsured motor vehicle owned wholly or in part by him;

(d)    He has complied with all the requirements of Section 7-606;

(e)    The judgment debtor at the time of the accident was not
insured under a policy of automobile liability insurance under the
terms of which the insurer is liable to pay the amount of the judg-
ment, up to the limits set forth in Section 7-615 (a) herein,

(f)    He has obtained a judgment as set out in Section 7-611,
stating the amount thereof and the amount owing thereon at the
date of the application;

(g)    He has caused to be issued a writ of execution upon the
judgment, and the sheriff or officer executing it has made a return
showing that no personal or real property of the judgment debtor
liable to be levied upon in satisfaction of the judgment could be
found, or that the amount realized on the sale of them or of such of
them as were found, under the execution, was insufficient to satisfy