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Session Laws, 1987
Volume 769, Page 2964   View pdf image
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Ch. 638

LAWS OF MARYLAND

§§ 7-620, 7-621, 7-622, and 7-623,]. [the] THE executive
director OR HIS DESIGNEE on behalf of the Fund may stipulate that
the procedural requirements [for bringing an action against the
Fund] OF SUCH RULES have been met and consent to [an order
permitting] the claimant [to bring] BRINGING an action against
the Fund. No stipulation or consent shall be deemed a waiver of
any defense which the Fund may have with respect to the case.

(2)  The Fund may, at any time, without FILING A
PETITION FOR PAYMENT OR OTHER court approval, settle, COMPROMISE
and pay claims AND ACTIONS brought AND JUDGMENTS OBTAINED under
this section. The executive director shall adopt rules setting
forth the procedure for the settlements or payments. INTEREST
SHALL ACCRUE FROM THE DATE OF JUDGMENT AS PROVIDED FOR IN SECTION
11-107 OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE;

(3)  When the Fund has negotiated with the plaintiff
OR CLAIMANT and obtained an offer of settlement[, if] THAT the
Fund finds [that the offer is] reasonable, the Fund shall notify
the defendant OR UNINSURED PARTY of the offer in the manner
provided by the applicable rules adopted by the Fund. If the
defendant OR UNINSURED PARTY approves the offer, the plaintiff OR
CLAIMANT shall proceed to settlement as provided by the rules
adopted by the Fund and the Court of Appeals. If the defendant
OR UNINSURED PARTY rejects the offer, the Fund shall cause a
notice to be served on the defendant OR UNINSURED PARTY sent by
certified mail, return receipt requested, bearing a postmark from
the United States Postal Service, to his last known address which
shall state:

(i) That the Fund shall withdraw from the claim
or action without further notice at the expiration of 30 days
from the date of the notice;

(ii) That the defendant OR UNINSURED PARTY has
30 days from the date of the notice within which to engage
counsel of his own selection to defend him in the claim or action
and that his counsel shall enter [his] AN appearance for
[defendant] HIM IN ANY PENDING ACTION within the 30 day period or
that the defendant OR UNINSURED PARTY may enter an appearance in
his own behalf in the claim or ANY PENDING action within that
period; and

(iii) That, if the provisions of subparagraph
(ii) of this paragraph are not complied with, at any time after
30 days from the date of the notice and without further notice,
SUIT MAY BE FILED OR judgment may be entered against him in [the
claim or action in] the amount of the settlement offer. After
the expiration of any 30 day period of notice to a defendant OR
UNINSURED PARTY, the Fund may settle the claim, FILE SUIT, or
request the court to set the [claim or] action for [a] AN
EXPEDITED hearing. At the hearing the court may proceed in a
summary manner, and if it is satisfied that this section or any

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Session Laws, 1987
Volume 769, Page 2964   View pdf image
 Jump to  
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