HARRY HUGHES, Governor

3947

(K) (L) (1) "MEMBER INSURER" MEANS AN INSURER THAT IS A
MEMBER OF THE COMMERCIAL CASUALTY JOINT INSURANCE UNDERWRITING
ASSOCIATION UNDER THIS SUBTITLE.

(2) "MEMBER INSURER" DOES NOT INCLUDE THE MARYLAND
AUTOMOBILE INSURANCE FUND.

(L) (M) "SUBPOOL" MEANS A SEPARATE ACCOUNT ESTABLISHED
FOR EACH SUBCLASS OR GROUP OF SUBCLASSES OF INSURANCE DESIGNATED
UNDER § 601(E) OF THIS ARTICLE § 602 OF THIS SUBTITLE.

(M) (N) "LACK OF AVAILABILITY" OR "UNAVAILABILITY" MEANS
THAT THERE DOES NOT EXIST FOR A PARTICULAR SUBCLASS OF INSURANCE
FOR WHICH COVERAGE WAS PREVIOUSLY GENERALLY AVAILABLE A READY
SOURCE OF COVERAGE FROM AN INSURER AUTHORIZED TO DO BUSINESS IN
THIS STATE OR AUTHORIZED APPROVED TO WRITE INSURANCE RISKS IN
THIS STATE ON A SURPLUS LINE BASIS AS DETERMINED BY THE
COMMISSIONER.

601.

(A) (1) THERE IS A COMMERCIAL CASUALTY UNDERWRITING
ASSOCIATION CONSISTING OF ALL INSURERS LICENSED TO WRITE IN THIS
STATE, ON A DIRECT BASIS, COMMERCIAL CASUALTY INSURANCE POLICIES.

(2) EVERY INSURER LICENSED TO WRITE IN THIS STATE, ON
A DIRECT BASIS, COMMERCIAL CASUALTY INSURANCE POLICIES SHALL:

(I) BE A MEMBER OF THE ASSOCIATION; AND

(II) REMAIN A MEMBER AS A CONDITION OF ITS
AUTHORITY TO TRANSACT COMMERCIAL CASUALTY INSURANCE IN THIS
STATE.

(3) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
OTHER INSURERS MAY BECOME MEMBER INSURERS WITH THE APPROVAL OF
THE COMMISSIONER.

(B) (1) THE ASSOCIATION IS NOT A DEPARTMENT, UNIT, AGENCY,
OR INSTRUMENTALITY OF THE STATE.

(2) ALL DEBTS, CLAIMS, OBLIGATIONS, AND LIABILITIES
INCURRED BY THE ASSOCIATION SHALL BE THE DEBTS, CLAIMS,
OBLIGATIONS, AND LIABILITIES OF THE ASSOCIATION ONLY AND NOT OF
THE STATE, ITS AGENCIES, INSTRUMENTALITIES, OFFICERS, OR
EMPLOYEES.

(3) THE ASSOCIATION MONEYS MAY NOT BE CONSIDERED PART
OF THE GENERAL FUND OF THE STATE.

(4) THE STATE MAY NOT BUDGET FOR OR PROVIDE GENERAL
FUND APPROPRIATIONS TO THE ASSOCIATION.

(5) THE DEBTS, CLAIMS, OBLIGATIONS, AND LIABILITIES
OF THE ASSOCIATION MAY NOT BE CONSIDERED TO BE A DEBT OF THE
STATE OR PLEDGE OF ITS CREDIT.