1034

LAWS OF MARYLAND

Ch. 281

malpractice insurance from insurers admitted to write such
insurance in Maryland and that the lack of such insurance is
hampering the practice of law in Maryland and thereby affecting
the ability of the citizens of Maryland to obtain proper legal
representation or services. Before making such a finding, the
Commissioner shall consult with the officers and Board of
Governors of the Maryland State Bar Association, Inc. and such
other organizations as he deems appropriate.]

(B) (1) THE PROVISIONS OF THIS SUBTITLE SHALL BECOME
EFFECTIVE 30 DAYS AFTER:

(I)  THE COMMISSIONER RECEIVES A PETITION FROM
THE MARYLAND STATE BAR ASSOCIATION, INC. REQUESTING THE
ESTABLISHMENT OF THE SOCIETY; AND

(II)  THE COMMISSIONER FINDS THAT A REASONABLE
DEGREE OF COMPETITION DOES NOT EXIST IN THE STATE FOR LEGAL
PROFESSIONAL LIABILITY INSURANCE UNDER SUBTITLE 16B OF THIS
ARTICLE.

(2) IF THE COMMISSIONER HAS NOT ISSUED AN ORDER
FINDING THAT A REASONABLE DEGREE OF COMPETITION DOES NOT EXIST
FOR LEGAL PROFESSIONAL LIABILITY INSURANCE BEFORE RECEIVING THE
PETITION REFERRED TO IN PARAGRAPH (1)(I) OF THIS SUBSECTION, A
HEARING SHALL BE HELD WITHIN 10 DAYS OF RECEIPT OF THAT PETITION
AND AN ORDER PASSED WITHIN 15 DAYS AFTER THE HEARING. IF THE
COMMISSIONER FINDS THAT A REASONABLE DEGREE OF COMPETITION DOES
NOT EXIST, THE PROVISIONS OF THIS SUBTITLE SHALL BECOME EFFECTIVE
IMMEDIATELY ON THE DATE OF THE COMMISSIONER'S ORDER.

568.

(a)  Subject to the provisions of § 567(b), a nonstock
society is created to be known as the "Legal Mutual Liability
Insurance Society of Maryland."

(b)  Except as otherwise provided in this subtitle, the
Society has all the power, privileges, and immunities granted by
and is subject to the provisions imposed upon mutual insurers by
this article and by the applicable provisions of the Corporations
and Associations Article.

(c)  The Society is not subject to the provisions of §§ 252,
253 or 268A of this article or § 6-505 of the Corporations and
Associations Article.

(d)  The Society is a member of the professional liability
fund and the Maryland Insurance Guaranty Association.

(E) (1) THE SOCIETY IS NOT AND MAY NOT BE DEEMED A
DEPARTMENT, UNIT. AGENCY, OR INSTRUMENTALITY OF THE STATE FOR ANY
PURPOSE.