WILLIAM DONALD SCHAEFER, Governor                   Ch. 638

(iii) The claimant was not, at the time of
accident, operating a motor vehicle in violation of an order of
suspension, cancellation, or revocation with respect to a
certificate of registration or an operator's license, and is not
the personal representative OR A MEMBER OF THE FAMILY RESIDING IN
THE HOUSEHOLD of a person so operating;

(iv) The claim is not being made for damage to
or destruction of an uninsured motor vehicle owned wholly or
partly by him;

(v) The claim is not made by or on behalf of
any insurer by reason of the existence of a policy of insurance
whereby the insurer is liable to pay, in whole or in part, the
amount of the claim or by or on behalf of any insurer for any
amount sought or claimed for damages to or destruction to the
claimant's or an insured's real or personal property including
automobiles by reason of collision with an automobile or object
or by upset of the automobile, or by reason of coverage afforded
the insured providing indemnification from injury or damages
caused by uninsured motorists, and that no part of the amount to
be paid out of the Fund is sought in lieu of making a claim or
receiving a payment which is payable by reason of the existence
of such a policy of insurance, and that no part of the amount so
sought will be paid to an insurer to reimburse or otherwise
indemnify the insurer in respect of any amount paid or payable by
the insurer by reason of the existence of such a policy of
insurance; and

(vi) The claimant is ineligible to make a claim

arising from the same accident, under Subtitle 33 of this

article, AGAINST the Property and Casualty Insurance Guaranty
Corporation.

(b) (1) The executive director shall, with respect to the
Fund, and the Court of Appeals shall, with respect to the courts,
promulgate rules setting forth procedural requirements with
respect to claims AND ACTIONS against the Fund filed pursuant to
this section. [and as] AS a condition precedent to any liability
on the part of the Fund under this section, a claimant shall
comply with all such rules[, except that failure to comply with
any rule promulgated by the executive director with respect to
the Fund may not of itself result in a bar to recovery against
the Fund. Prior to the effective date of such rules, as a
condition precedent to any liability on the part of the Fund
under this section, a claimant shall comply with the requirements
set forth in §§ 7-606 through 7-635 of Article 66 1/2 of the
Annotated Code of Maryland (1970 Replacement Volume)
notwithstanding the general repeal of said sections except that
any reference therein to the Unsatisfied Claim and Judgment Fund,
or the board or attorneys or agents thereof, shall be deemed to
refer to the Fund or the executive director, and attorneys or
agents thereof, respectively. Notwithstanding the provisions of

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