WILLIAM DONALD SCHAEFER, Governor                   Ch. 638

other applicable provisions of this part have been complied with,
it may enter judgment against the defendant OR UNINSURED PARTY in
favor of the plaintiff OR FUND in the amount of the settlement
offer. The defendant OR UNINSURED PARTY has 10 days in which to
appeal from the date of the entry of the judgment. On the
expiration of 10 days from the entry of any judgment entered
under this section, the judgment is not subject to appeal,
amendment, or other action of the court, unless there is proof of
fraud, mutual mistake, or obvious irregularity.

(4)  In any action which is the subject of this
section in which a default judgment has been taken for want of a
plea by a defendant other than the Fund, or in which the judgment
was obtained with the consent of the defendant without the
knowledge and approval of the Fund, the Fund shall [be granted a
reasonable time] HAVE 30 DAYS after receipt of ACTUAL notice of
the entry of the judgment to answer or to make application for
relief against the judgment and leave to answer and defend the
action.

(5)  The Fund may ELECT TO INTERVENE OR defend any
action brought under this section, and the Fund shall have
available to it any and all defenses which would have been, or
are, available to the UNINSURED owner or operator.

(6)  In any case in which the Fund has [assumed]
INTERVENED under this subsection [the defense of any action], the
defendant shall cooperate with the Fund in the defense of the
action. If the defendant fails to cooperate, the Fund may apply
to the court for an order directing cooperation OR PROCEED AS
PROVIDED FOR UNDER THIS SUBSECTION.

(7)  Any final order, decree, or judgment of any court
rendered under this section and the rules adopted by the Fund and
the Court of Appeals which debars a claimant from further
proceeding against the Fund or denies the claim or which awards
or allows the claimant less than that to which the claimant
believes he is entitled and, EXCEPT AS PROVIDED FOR IN PARAGRAPH
(3) (III) OF THIS SUBSECTION, any final order, decree, or
judgment of any court by which the uninsured or the Fund or any
other party is aggrieved shall be appealable to the appropriate
court including the Court of Appeals in the manner provided by
law and rule of court.

(c) As a condition precedent to the right to apply OR SUE
for payment from the Fund UNDER THIS SECTION, notice of
[intention to make] a claim for damages must be filed WITH THE
FUND AS PROVIDED FOR IN THIS SECTION within 180 days of the
accident out of which the cause of action accrues. [In lieu of
this notice a claimant may make proof that] IF NOTICE OF CLAIM IS
NOT FILED WITHIN THE TIME PERIOD SPECIFIED IN THIS SUBSECTION, NO
CLAIM OR SUIT MAY BE FILED OR MAINTAINED UNLESS THE CLAIMANT
PROVIDES PROOF THAT:

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