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Session Laws, 1982
Volume 742, Page 3587   View pdf image
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HARRY HUGHES, Governor

3587

(III) THAT, IF THE PROVISIONS OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE NOT COMPLIED WITH,
AT ANY TIME AFTER 30 DAYS FROM THE DATE OF THE NOTICE AND
WITHOUT FURTHER NOTICE, JUDGMENT MAY BE ENTERED AGAINST HIM
IN THE CLAIM OR ACTION IN THE AMOUNT OF THE SETTLEMENT
OFFER. AFTER THE EXPIRATION OF ANY 30 DAY PERIOD OF NOTICE
TO A DEFENDANT, THE FUND MAY SETTLE THE CLAIM OR REQUEST THE
COURT TO SET THE CLAIM OR ACTION FOR A HEARING. AT THE
HEARING THE COURT MAY PROCEED IN A SUMMARY MANNER, AND IF IT
IS SATISFIED THAT THIS SECTION OR ANY OTHER APPLICABLE
PROVISIONS OF THIS PART HAVE BEEN COMPLIED WITH, IT MAY
ENTER JUDGMENT AGAINST THE DEFENDANT IN FAVOR OF THE
PLAINTIFF IN THE AMOUNT OF THE SETTLEMENT OFFER. THE
DEFENDANT HAS 10 DAYS IN WHICH TO APPEAL FROM THE DATE OF
THE ENTRY OF THE JUDGMENT. ON THE EXPIRATION OF 10 DAYS
FROM THE ENTRY OF ANY JUDGMENT ENTERED UNDER THIS SECTION,
THE JUDGMENT IS NOT SUBJECT TO APPEAL, AMENDMENT, OR OTHER
ACTION OF THE COURT, UNLESS THERE IS PROOF OF FRAUD, MUTUAL
MISTAKE, OR OBVIOUS IRREGULARITY.

(4)  IN ANY ACTION WHICH IS THE SUBJECT OF THIS
SECTION IN WHICH A DEFAULT JUDGMENT HAS BEEN TAKEN FOR WANT
OF A PLEA BY A DEFENDANT OTHER THAN THE FUND, OR IN WHICH
THE JUDGMENT WAS OBTAINED WITH THE CONSENT OF THE DEFENDANT
WITHOUT THE KNOWLEDGE AND APPROVAL OF THE FUND, THE FUND
SHALL BE GRANTED A REASONABLE TIME AFTER RECEIPT OF NOTICE
OF THE ENTRY OF THE JUDGMENT TO ANSWER OR TO MAKE
APPLICATION FOR RELIEF AGAINST THE JUDGMENT AND LEAVE TO
ANSWER AND DEFEND THE ACTION.

(5)  THE FUND MAY DEFEND ANY ACTION BROUGHT UNDER
THIS SECTION, AND THE FUND SHALL HAVE AVAILABLE TO IT ANY
AND ALL DEFENSES WHICH WOULD HAVE BEEN, OR ARE, AVAILABLE TO
THE OWNER OR OPERATOR.

(6)  IN ANY CASE IN WHICH THE FUND HAS ASSUMED
UNDER THIS SUBSECTION THE DEFENSE OF ANY ACTION, THE
DEFENDANT SHALL COOPERATE WITH THE FUND IN THE DEFENSE OF
THE ACTION. IF THE DEFENDANT FAILS TO COOPERATE, THE FUND
MAY APPLY TO THE COURT FOR AN ORDER DIRECTING COOPERATION.

(7)  ANY FINAL ORDER, DECREE, OR JUDGMENT OF ANY
COURT RENDERED UNDER THIS SECTION AND THE RULES ADOPTED BY
THE FUND AND THE COURT OF APPEALS WHICH DEBARS A CLAIMANT
FROM FURTHER PROCEEDING AGAINST THE FUND OR DENIES THE CLAIM
OR WHICH AWARDS OR ALLOWS THE CLAIMANT LESS THAN THAT TO
WHICH THE CLAIMANT BELIEVES HE IS ENTITLED AND ANY FINAL
ORDER, DECREE, OR JUDGMENT OF ANY COURT BY WHICH THE
UNINSURED OR THE FUND OR ANY OTHER PARTY IS AGGRIEVED SHALL
BE APPEALABLE TO THE APPROPRIATE COURT INCLUDING THE COURT
OF APPEALS IN THE MANNER PROVIDED BY LAW AND RULE OF COURT.

243J.

 

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Session Laws, 1982
Volume 742, Page 3587   View pdf image
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