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Session Laws, 1987
Volume 769, Page 2725   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 596

IN THIS STATE, MAINTAINS RESERVES IN COMPLIANCE WITH RULES OF THE
INSURANCE COMMISSIONER TO ASSURE THE PAYMENT OF ALL SUCH FUTURE
DAMAGES UP TO THE AMOUNT BY WHICH THE AWARD HAS BEEN MODIFIED AS
TO SUCH FUTURE DAMAGES IN THE EVENT OF TERMINATION. EXCEPT AS
EXPRESSLY PROVIDED BY FEDERAL STATUTE, NO PERSON MAY RECOVER FROM
THE CLAIMANT OR ASSERT A CLAIM OF SUBROGATION AGAINST A DEFENDANT
FOR ANY SUM INCLUDED IN THE MODIFICATION OF AN AWARD.

(i) Subject to § 3-2A-06, the award of the panel shall be
final and binding on the parties. After the time for either
rejecting or modifying the award has expired the Director shall
file a copy of the award with the circuit court having proper
venue, as provided in Title 6, Subtitle 2 of this article and the
court shall confirm the award. Upon confirmation the award shall
constitute a final judgment.

(j) Except for time limitations pertaining to the filing of
a claim or response, the Director or the panel chairman, for good
cause shown, may lengthen or shorten the time limitations
prescribed in subsections (b) and (g) of this section and §
3-2A-04 of this article.

3-2A-06.

(a)  A party may reject an award for any reason. A notice of
rejection must be filed with the Director and the arbitration
panel and served on the other parties or their counsel within 30
days after the award is served upon the rejecting party, or, if a
timely application for modification or correction has been filed
within 10 days after a disposition of the application by the
panel, whichever is greater.

(b)  (1) At or before the time specified in subsection (a)
of this section for filing and serving a notice of rejection, the
party rejecting the award shall file an action in court to
nullify the award and shall file a copy of the action with the
Director. Failure to file this action timely in court shall
constitute a withdrawal of the notice of rejection. Subject to
the provisions of subsection (c) of this section, the procedures
applicable to the action including the form and necessary
allegations in the initial pleading shall be governed by the
Maryland Rules.

(2)  If any party to the proceeding elects to have the
case tried by a jury in accordance with the Maryland Rules, it
shall be tried by a jury. Otherwise, the case shall be tried by a
judge.

(3)  The trial date for each rejection of a panel
determination shall have precedence over all cases except
criminal matters and workmen's compensation appeals.

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Session Laws, 1987
Volume 769, Page 2725   View pdf image
 Jump to  
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