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Session Laws, 1982
Volume 742, Page 3586   View pdf image
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3586

LAWS OF MARYLAND

Ch. 628

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, 7-621, 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.

(2)  [The Fund may settle or pay without court
approval a claim made against the Unsatisfied Claim and
Judgment Fund. The executive director shall promulgate
rules setting forth the procedural requirements for such
settlements or payments. The rules shall include provision
for:

(i) The subrogation of the Fund at the
time of settlement to all rights of the claimant against the
uninsured motorist; and

(ii) The right of the uninsured motorist
to contest a settlement.] THE FUND MAY, AT ANY TIME, WITHOUT
COURT APPROVAL, SETTLE AND PAY CLAIMS BROUGHT UNDER THIS
SECTION. THE EXECUTIVE DIRECTOR SHALL ADOPT RULES SETTING
FORTH THE PROCEDURE FOR THE SETTLEMENTS OR PAYMENTS.

(3)  WHEN THE FUND HAS NEGOTIATED WITH THE
PLAINTIFF AND OBTAINED AN OFFER OF SETTLEMENT, IF THE FUND
FINDS THAT THE OFFER IS REASONABLE, THE FUND SHALL NOTIFY
THE DEFENDANT OF THE OFFER IN THE MANNER PROVIDED BY THE
APPLICABLE RULES ADOPTED BY THE FUND. IF THE DEFENDANT
APPROVES THE OFFER, THE PLAINTIFF SHALL PROCEED TO
SETTLEMENT AS PROVIDED BY THE RULES ADOPTED BY THE FUND AND
THE COURT OF APPEALS. IF THE DEFENDANT REJECTS THE OFFER,
THE FUND SHALL CAUSE A NOTICE TO BE SERVED ON THE DEFENDANT
SENT BY REGISTERED MAIL TO HIS LAST KNOWN ADDRESS WHICH
SHALL STATE:

(I)  THAT THE FUND SHALL WITHDRAW FROM THE
CLAIM OR ACTION WITHOUT FURTHER NOTICE AT THE EXPIRATION OF
30 DAYS FROM THE DATE OF THE NOTICE;

(II)  THAT THE DEFENDANT HAS 30 DAYS FROM
THE DATE OF THE NOTICE WITHIN WHICH TO ENGAGE COUNSEL OF HIS
OWN SELECTION TO DEFEND HIM IN THE CLAIM OR ACTION AND THAT
HIS . COUNSEL SHALL ENTER HIS APPEARANCE FOR DEFENDANT WITHIN
THE 30 DAY PERIOD OR THAT THE DEFENDANT MAY ENTER AN
APPEARANCE IN HIS OWN BEHALF IN THE CLAIM OR ACTION WITHIN
THAT PERIOD; AND

 

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Session Laws, 1982
Volume 742, Page 3586   View pdf image
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