2494

LAWS OF MARYLAND

Ch. 909

243H.

(C) AS A CONDITION PRECEDENT TO THE RIGHT TO
[[BEING AN ACTION AGAINST THE FUND]] APPLY FOR PAYMENT
FROM THE FUND, NOTICE OF INTENTION TO MAKE A CLAIM FOR
DAMAGES MUST BE FILED WITHIN 180 DAYS OF THE ACCIDENT OUT
OF WHICH THE CAUSE OF ACTION ACCRUES. IN LIEU OF THIS
NOTICE A CLAIMANT MAY MAKE PROOF THAT:

(1)   HE WAS PHYSICALLY INCAPABLE OF GIVING THE
NOTICE WITHIN THE REQUIRED PERIOD AND THAT HE GAVE NOTICE
WITHIN 30 DAYS AFTER HE BECAME PHYSICALLY CAPABLE OF
DOING SO, OR IN THE EVENT THAT HE DID NOT BECOME SO
CAPABLE THAT A NOTICE WAS GIVEN ON HIS BEHALF WITHIN A
REASONABLE PERIOD; OR

(2)    THAT HE GAVE THE REQUIRED NOTICE WITHIN
30 DAYS OF RECEIVING NOTICE THAT AN INSURED HAD
DISCLAIMED ON A POLICY OF INSURANCE SO AS TO REMOVE OR
WITHDRAW LIABILITY INSURANCE COVERAGE FOR HIS CLAIM
AGAINST A PERSON OR PERSONS WHO ALLEGEDLY CAUSED HIM TO
SUFFER DAMAGES.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 910

(House Bill 1944)

AN ACT concerning

Fireworks - Sparklers

FOR the purpose of providing that the term "fireworks"
does not include certain sparklers.

BY repealing and reenacting, with amendments,

Article 38A — Fires and Investigations

Section 15(a) and (c)

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 15(a) and (c) of Article 38A -
Fires and Investigations, of the Annotated Code of
Maryland (1971 Replacement Volume and 1975 Supplement) be