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ROBERT L. EHRLICH, JR., Governor
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Ch. 17
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motor vehicle in a certain action has the burden of proof; providing that the
burden of proof shall be deemed satisfied when the person introduces certain
records or documents; requiring the finder of fact to find a motor vehicle to be
uninsured if the person asserting the uninsured status of the motor vehicle
satisfies the burden of proof, unless an adverse party establishes certain
coverage by a preponderance of the evidence; providing for the application of
this Act; and generally relating to uninsured motor vehicles.
BY adding to
Article - Courts and Judicial Proceedings
Section 10-921
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
10-921.
(A) IN AN ACTION AGAINST AN INSURER OR THE MARYLAND AUTOMOBILE
INSURANCE FUND UNDER A POLICY PROVIDING UNINSURED MOTOR VEHICLE
LIABILITY COVERAGE, THE PERSON ASSERTING THE UNINSURED STATUS OF A
MOTOR VEHICLE SHALL HAVE THE BURDEN TO PROVE THAT STATUS.
(B) FOR A MOTOR VEHICLE REGISTERED IN THE STATE ON THE DATE OF THE
OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE, THE BURDEN OF PROOF
SHALL BE DEEMED SATISFIED WHEN THE PERSON ASSERTING THE UNINSURED
STATUS OF THE MOTOR VEHICLE INTRODUCES:
(1) A CERTIFIED COPY OF THE OFFICIAL RECORD OF THE MOTOR
VEHICLE ADMINISTRATION FOR THAT MOTOR VEHICLE INDICATING THE ABSENCE
OF A RECORD THAT THE MOTOR VEHICLE WAS COVERED BY THE SECURITY
REQUIRED BY § 17-104 OF THE TRANSPORTATION ARTICLE ON THE DATE OF THE
OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE; OR
(2) A DENIAL OF COVERAGE BASED ON THE ABSENCE OF AN IN-FORCE
POLICY OF INSURANCE COVERING THE VEHICLE ON THE DATE OF THE OCCURRENCE
OUT OF WHICH THE CAUSE OF ACTION AROSE BY THE INSURER THAT HAS BEEN
IDENTIFIED AS THE INSURER OF THE MOTOR VEHICLE BY:
(I) BY THE MOTOR VEHICLE ADMINISTRATION; OR
(II) IN WRITING, IF ANY, BY THE DRIVER OR OWNER OF THE MOTOR
VEHICLE; AND
(III) IN A REPORT, IF ANY, PREPARED BY AN OFFICER OF A FEDERAL,
STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT AGENCY WHO INVESTIGATED
THE OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE.
(C) FOR A MOTOR VEHICLE REGISTERED OUTSIDE THE STATE ON THE DATE
- 105 -
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