HARRY HUGHES, Governor 741
parties of the determination of insolvency and of their rights
under this subtitle. Such notifications may be by mail at their
last known address, where available, but if sufficient
information for notification by mail is not available, notice by
publication in a newspaper of general circulation shall be
sufficient.
(2) Suspend or revoke, after notice and hearing, the
certificate of authority to transact insurance in this State of
any member insurer which fails to pay an assessment when due or
fails to comply with the plan of operation. As an alternative,
the Commissioner may levy a fine on any member insurer which
fails to pay an assessment when due. Such fine shall not exceed
5% of the unpaid assessment per month, except that no fine shall
be less than $100 per month.
(3) Revoke the designation of any servicing facility
if he finds claims are being handled unsatisfactorily.
(c) Any final action or order of the Commissioner under
this subtitle shall be subject to judicial review in a court of
competent jurisdiction.
511.
(a) Any person recovering under this subtitle shall be
deemed to have assigned his rights under the policy to the
[Association] CORPORATION to the extent of his recovery from the
[Association] CORPORATION. Every insured or claimant seeking the
protection of this subtitle shall cooperate with the
[Association] CORPORATION to the same extent as such person would
have been required to cooperate with the insolvent insurer. The
[Association] CORPORATION shall have no cause of action against
the insured of the insolvent insurer for any sums it has paid out
except such causes of action as the insolvent insurer would have
had if such sums had been paid by the insolvent insurer. In the
case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the [Association] CORPORATION
shall not operate to reduce the liability of insureds to the
receiver, liquidator, or statutory successor for unpaid
assessments.
(b) The receiver, liquidator, or statutory successor of an
insolvent insurer shall be bound by settlements of covered claims
by the [Association] CORPORATION or its representatives. The
court having jurisdiction shall grant such claims priority equal
to that which the claimant would have been entitled in the
absence of this subtitle against the assets of the insolvent
insurer. The expenses of the [Association] CORPORATION or
similar organization in handling claims shall be accorded the
same priority as the liquidators expenses.
(c) The (Association] CORPORATION shall periodically file
with the receiver or liquidator of the insolvent insurer
statements of the covered claims paid by the [Association]
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