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Session Laws, 1970
Volume 695, Page 1773   View pdf image
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Marvin Mandel, Governor                        1773

(1)    The matters set forth in subsection (a), (b), (c), (d), [and]
(e) and (n) of Section 159;

(2)    That the petition is not presented on behalf of an insurer
under circumstances set forth in subsection (1) of Section 159 ;

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

(4)    That said 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 such
settlement if approved by the court, and has executed a confession
of judgment in connection therewith.

(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
administrative employee of the Board and any member of the Board

if 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) and (n) 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 or 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.

159.

(n) That he is ineligible to make a claim, arising from the same
accident, under Section 482A of Article 48A, the Motor Vehicle Se-
curity Fund Act.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved May 5, 1970

 

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Session Laws, 1970
Volume 695, Page 1773   View pdf image
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