Marvin Mandel, Governor                          1447

which affords and is limited to indemnity for injuries or other dam-
ages caused by uninsured motorists; and

(6) All amounts that the applicant has received, or, in the
opinion of the court, is likely to receive, by reason of the accident
out of which applicant's claim arises, under or because of any Work-
men's Compensation Law. Medical, hospital, funeral, or other bene-
fits paid or payable on behalf of the applicant under the law shall
be deemed, for the purposes of this subtitle, to be received or receiv-
able by the applicant.

(c)    Any amount paid out of the fund in excess of the amount so
authorized may be recovered by the Treasurer in an action brought
by him against the person receiving it.

(d)    Notwithstanding the provisions of any workmen's compensa-
tion or similar law to the contrary, neither the employer of an
injured person or decedent nor the insurer of such employer shall
be entitled to a lien on payment from the fund where the amount
of the payment has been reduced by the amount of benefits paid or
to be paid pursuant to any workmen's compensation or similar law,
nor shall the benefits be reduced because of the reduced payment
from the fund.

§ 7-616. Default and consent judgments.

(a)    No claim shall be allowed and ordered to be paid out of the
fund if the court finds, upon the hearing for the allowance of the
claim, that it is founded upon a judgment which was entered by
default unless—

(1)    The claimant has complied with the requirements of
Section 7-606; and

(2)    Prior to the entry of the judgment the Board has been given
notice of intention to enter the judgment and file a claim thereon
against the fund and has been afforded an opportunity to take the
action it deems advisable under Section 7-617.

(b)    If the court, upon a hearing for the allowance of any claim
against the fund, finds that it was a claim which was not assigned
by the Board to an insurer in accordance with Section 7-607, or that
the action upon such claim was not fully and fairly defended,
or that the judgment thereon was entered upon the consent or with
the agreement of the defendant, the court shall allow the claim but
shall order it to be paid only in a sum the court determines to be
justly due and payable out of the fund, on the basis of the actual
amount of damages for which the defendant was liable to the plain-
tiff under the cause of action upon which the judgment was rendered,
subject to the limitations stated in Section 7-615 notwithstanding
that the judgment is for a greater amount.

§ 7-617. Defense of default actions.

(a) When the Board receives notice, as provided in Section 7-
616, the insurer to which the action has been assigned through
counsel may enter an appearance, file an answer, appear at the trial,
defend the action or take such other action as it deems appropriate