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Ch. 17
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2006 LAWS OF MARYLAND
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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 RECORDS OF THE
GOVERNMENTAL UNIT, IF ANY, THAT REGULATES VEHICLES IN THE STATE IN WHICH
THE MOTOR VEHICLE WAS REGISTERED AT THE TIME OF THE OCCURRENCE OUT OF
WHICH THE CAUSE OF ACTION AROSE MAINTAINS RECORDS OF INSURANCE
COVERAGE FOR MOTOR VEHICLES REGISTERED IN THAT STATE INDICATING THE
ABSENCE OF A RECORD THAT THE MOTOR VEHICLE WAS COVERED BY INSURANCE
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 VEHICLE BY:
(I) BY THE GOVERNMENTAL UNIT, IF ANY, THAT MAINTAINS
RECORDS OF WHETHER MOTOR VEHICLES IN THE STATE ARE INSURED;
(II) IN WRITING, IF ANY, BY THE DRIVER OR OWNER OF THE MOTOR
VEHICLE; OR AND
(II) (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.
(D) IF A PERSON SATISFIES THE BURDEN OF PROOF UNDER SUBSECTION (C)
OR(D) (B) OR (C) OF THIS SECTION, THE FINDER OF FACT SHALL FIND THE MOTOR
VEHICLE AT ISSUE TO BE UNINSURED, UNLESS AN ADVERSE PARTY ESTABLISHES BY
A PREPONDERANCE OF THE EVIDENCE THAT THE MOTOR VEHICLE OR THE DRIVER
OF THE MOTOR VEHICLE WAS COVERED BY A VALID, ENFORCEABLE MOTOR VEHICLE
LIABILITY INSURANCE POLICY, BOND, OR SECURITY THAT PROVIDES COVERAGE FOR
THE OCCURRENCE OUT OF WHICH THE CAUSE OF ACTION AROSE.
SECTION 2. AND BE IT FURTHER' ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any action filed before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Enacted January 25, 2006.
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- 106 -
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