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MARVIN MANDEL, Governor 2493
(1972 Replacement Volume and 1975 Supplement)
BY adding to
Article 48A — Insurance Code
Section 243H(c)
Annotated Code of Maryland
(1972 Replacement Volume and 1975 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 243H(b) of Article 48A - Insurance
Coda, of the Annotated Code of Maryland (1972 Replacement
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:
Article 48A — Insurance Code
243H.
(b) The executive director shall, with respect to
the Fund, and the Court of Appeals shall, with respect to
the courts, promulgate rules setting forth procedural
requirements with respect to claims against the Fund
filed pursuant to this section and as a condition
precedent to any liability on the part of the Fund under
this section, a claimant shall comply with all such
rules, EXCEPT THAT FAILURE TO COMPLY WITH ANY RULE
PROMULGATED BY THE EXECUTIVE DIRECTOR WITH RESPECT TO THE
FUND MAY NOT OF ITSELF RESULT IN A BAR TO RECOVERY
AGAINST THE FUND. Prior to the effective date of such
rules, as a condition precedent to any liability on the
part of the Fund under this section, a claimant shall
comply with the requirements set forth in §§ 7—606
through 7-635, of Article 66 1/2 of the Annotated Code of
Maryland (1970 Replacement Volume) notwithstanding the
general repeal of said sections except that any reference
therein to the Unsatisfied Claim and Judgment Fund, or
the board or attorneys or agents thereof, shall be deemed
to refer to the Fund or the executive director, and
attorneys or agents thereof, respectively.
Notwithstanding the provisions of §§ 7-620, 7-521, 7-622,
and 7—623, the executive director on behalf of the Fund
may stipulate that the procedural requirements for
bringing an action against the Fund have been met and
consent to an order permitting the claimant to bring an
action against the Fund. No stipulation or consent shall
be deemed a waiver of any defense which the Fund may have
with respect to the case.
SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 243H(c) be and it is hereby added to Article 48A
— Insurance Code, of the Annotated Code of Maryland (1972
Replacement Volume and 1975 Supplement) to read as
follows:
Article 48A — Insurance Code
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