1822

LAWS OF MARYLAND

Ch. 418

BY repealing

Article - Estates and Trusts
Section 8-104(e)
Annotated Code of Maryland
(1974 Volume and 1980 Supplement)

BY adding to

Article - Estates and Trusts
Section 8-404(e)
Annotated Code of Maryland
(1974 Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Estates and Trusts

8-104.

[(e) Notwithstanding the other provisions of this
section, an action against the estate may be instituted
after the expiration of the time designated in this section
but within the period of limitations generally applicable to
such actions in the event the decedent was covered by an
existing liability insurance policy at the time of the
occurrence. The existence of insurance coverage is not
admissible at the trial of the case and the judgment is
limited to the extent of existing insurance if a verdict is
rendered against the estate. These provisions permit claims
against the Unsatisfied Claim and Judgment Fund of the
State, if otherwise proper.]

(E) IF THE DECEDENT WAS COVERED BY A LIABILITY
INSURANCE POLICY WHICH AT THE TIME THE ACTION IS INSTITUTED
PROVIDES INSURANCE COVERAGE FOR THE OCCURRENCE, THEN,
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, AN
ACTION AGAINST THE ESTATE MAY BE INSTITUTED AFTER THE
EXPIRATION OF THE TIME DESIGNATED IN THIS SECTION, BUT
WITHIN THE PERIOD OF LIMITATIONS GENERALLY APPLICABLE TO
SUCH ACTIONS. THE EXISTENCE OF INSURANCE COVERAGE IS NOT
ADMISSIBLE AT THE TRIAL OF THE CASE AND IF A VERDICT IS
RENDERED AGAINST THE ESTATE, THE JUDGMENT IS LIMITED TO THE
AMOUNT OF INSURANCE ACTUALLY COLLECTIBLE UNDER THE LIABILITY
INSURANCE POLICY. THESE PROVISIONS PERMIT CLAIMS AGAINST
THE UNSATISFIED CLAIM AND JUDGMENT FUND OF THE STATE, IF
OTHERWISE PROPER.

SECTION 2. AND BE IT FURTHER ENACTED, That the
provisions of this Act apply only to the estates of
decedents dying on or after July 1, 1981.