HARRY HUGHES, Governor                                         747

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1986.

Approved April 29, 1986.

CHAPTER 163

(Senate Bill 900)

AN ACT concerning

Insurance - Delinquency Proceedings - Immunity

FOR the purpose of providing certain immunity for the Insurance
Commissioner, Deputy Insurance Commissioner, Special Deputy
Commissioner, or any person or entity appointed to act as
receiver for an insurer; extending this immunity to agents
and employees of the receiver; providing that the Special
Deputy Commissioner shall be entitled to representation by
the Attorney General; providing for the retroactive
application of this Act; and making this Act an emergency
measure.

BY adding to

Article 48A - Insurance Code

Section 164B

Annotated Code of Maryland

(1979 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

164B.

(1) (A) NO CLAIM OF ANY NATURE WHATSOEVER THAT IS
DIRECTLY RELATED TO THE RECEIVERSHIP OF AN INSURER SHALL ARISE
AGAINST, AND NO LIABILITY SHALL BE IMPOSED UPON, THE INSURANCE
COMMISSIONER, DEPUTY COMMISSIONER, SPECIAL DEPUTY COMMISSIONER,
OR ANY PERSON OR ENTITY ACTING AS A RECEIVER OF AN INSURER,
INCLUDING SURETY, IN REHABILITATION, LIQUIDATION, OR CONSERVATION
AS A RESULT OF A COURT ORDER ISSUED ON OR AFTER JANUARY 1, 1985
FOR ANY STATEMENT MADE OR ACTIONS TAKEN OR NOT TAKEN IN THE GOOD
FAITH EXERCISE OF THEIR POWERS UNDER LAW. HOWEVER THIS IMMUNITY
SHALL NOT EXTEND TO ACTS OR OMISSIONS WHICH ARE MALICIOUS OR
GROSSLY NEGLIGENT. THIS QUALIFIED IMMUNITY EXTENDS TO AGENTS AND
EMPLOYEES OF THE RECEIVER.