Marvin Mandel, Governor                       1445

finds to be payable upon the claim, pursuant to the provisions of
and in accordance with the limitations contained in this part, if the
court is satisfied, upon the hearing

(1)    Of the truth of all matters required to be shown by the
applicant by Section 7-612; and

(2)    That the applicant has fully pursued and exhausted all rem-
edies available to him for recovering the amounts referred to in
paragraph (3) of subsection (b) of Section 7-615 by commencing ac-
tion against all persons against whom the applicant might reason-
ably be considered as haying a cause of action in respect of damages
and prosecuting the action in good faith to judgment and taking all
reasonable steps available to him to collect on every judgment so
obtained.

§ 7-614. Settlement of actions against motorists.

(a)    In any action against an operator or owner of a motor ve-
hicle for injury to or death of any person or for damage to prop-
erty arising out of the ownership, maintenance, or use of the ve-
hicle in this State on or after June 1, 1959, pending in any court
of competent jurisdiction in this State, the plaintiff upon notice to
the Board may file a verified petition with the court alleging—

(1)    The matters set forth in subsections (a), (b), (c), (d) and
(e) of Section 7-612;

(2)    That the petition is not presented on behalf of an insurer
under circumstances set forth in subsection (l) of Section 7-612;

(3)    That he has entered into an agreement with the defendant
to settle all claims set forth in the complaint in the action and the
amount proposed to be paid to him pursuant thereto;

(4) That the proposed settlement has been consented to by the
Board;

(5)    That the defendant has executed and delivered to the Board
a verified statement of his financial condition;

(6)    That a judgment against the defendant would be uncollecti-
ble; and

(7)    That the defendant has undertaken in writing to repay to
the Treasurer the sum that he would be required to pay under the
settlement if approved by the court, and has executed a confession
of judgment in connection therewith.

(b)    If the court be satisfied of the truth of the allegations in the
petition, and of the fairness of the proposed settlement, it may enter
an order approving it and directing the Treasurer, upon receipt
of the undertaking and confession of judgment mentioned in para-
graph (7) of subsection (a) of this section, to make payment to the
plaintiff of the amount agreed to be accepted.

(c)    An insurer to whom a claim has been assigned may settle
without court approval any claim involving the payment of five thou-
sand dollars ($5,000.00) or less with the approval of the chief ad-
ministrative employee of the Board and any member of the Board is
satisfied—