HARRY HUGHES, Governor

735

(vi) The claimant is ineligible to make a claim
arising from the same accident, under Subtitle 33 of this
article, the [Maryland] PROPERTY AND CASUALTY Insurance Guaranty
[Association] CORPORATION.

(c) As a condition precedent to the right to apply for
payment from the Fund, notice of intention to make a claim for
damages must be filed within 180 days of the accident out of
which the cause of action accrues. In lieu of this notice a
claimant may make proof that:

(1) He was physically incapable of giving the notice
within the required period and that he gave notice within 30 days
after he became physically capable of doing so, or in the event
that he did not become so capable that a notice was given on his
behalf within a reasonable period;

(2) He gave the required notice within 30 days of
receiving notice that an insured has disclaimed on a policy of
insurance so as to remove or withdraw liability insurance
coverage for his claim against a person or persons who allegedly
caused him to suffer damages; or

(3) He gave the required notice within 30 days of
receiving notice that the defendant's insurer was insolvent,
provided that the defendant insurer is not authorized to transact
insurance business in the State of Maryland and the claimant is
not eligible to make a claim against the [Maryland] PROPERTY AND
CASUALTY Insurance Guaranty [Association] CORPORATION.

33. [Maryland Insurance Guaranty Association]

property and casualty insurance guaranty
ASSOCIATION corporation

504.

(a) (1) The purposes of this subtitle are to provide a
mechanism for the prompt payment of covered claims under certain
insurance policies and to avoid financial loss to claimants or
policyholders because of the insolvency of an insurer; to assist
in the detection and prevention of insurer insolvencies; and to
provide for the assessment of the cost of such payments and
protection among insurers.

(2) THE ASSOCIATION CREATED BY THIS SUBTITLE IS NOT
AN INSTRUMENTALITY OF THE STATE OF MARYLAND AND THE PAYMENT OF
COVERED CLAIMS ARISING OUT OF INSURANCE POLICIES OF INSOLVENT
INSURERS IS NEITHER GUARANTEED NOR INSURED BY THE STATE OF
MARYLAND.

(b)  This subtitle shall apply to all kinds of direct
insurance, except life insurance, health insurance, and
annuities. On July 1, 1975 all of the assets and obligations of
every type and description of the Motor Vehicle Security Fund as