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Session Laws, 1987
Volume 769, Page 2967   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 638

one accident; and subject to such limit for any one person so
injured or killed, $40,000, exclusive of interest and costs, on
account of injury to, or death of, more than one person in any
one accident; and $10,000, exclusive of interest and costs, for
damages to property in any one accident. [Where there are three
or more qualified claimants, the court or courts shall order
payments on a pro rata basis.]

(b)  There shall be deducted     from the applicable maximum
amount set forth in subsection   (a) of this section or from the
amount of the judgment, whichever   is smaller, the total of the
following:

(1)  From any judgment or portion thereof representing
damages to real or personal property, one hundred dollars
($100.00);

(2)  All amounts that the applicant has received or[,
in the opinion of the court,] is likely to receive from any
source!,] toward payment of the SETTLEMENT OR judgment;

(3)  All amounts that the applicant has received[,] or
[in the opinion of the court,] is likely to receive[,] toward
payment of a judgment of claim against any person against whom
the applicant has a cause of action for damages for bodily injury
or death or damage to property, arising out of the same accident;

(4)  All amounts that the applicant has received[,] or
[in the opinion of the court,] is likely to receive under any
policy affording indemnity for damage to or destruction of his
real or personal property;

(5)  All amounts that the applicant has received[,]
or[, in the opinion of the court,] is likely to receive, by
reason of the accident out of which applicant's claim arises,
under or because of any workmen's compensation law. Medical,
hospital, funeral, or other benefits paid or payable on behalf of
the applicant under the workmen's compensation law shall be
deemed, for the purposes of this subtitle, to be received or
receivable by the applicant.

(c)  Any amount paid out of the Fund in excess of the amount
authorized under this subtitle may be recovered by the Fund in an
action brought by it against the person receiving it.

(d)  Notwithstanding the provisions of any workmen's
compensation or similar law to the contrary, neither the employer
of an injured person or decedent nor the insurer of such employer
shall be entitled to a lien on payment from the Fund where the
amount of the payment has been reduced by the amount of benefits
paid or to be paid pursuant to any workmen's compensation or
similar law, nor shall the workmen's compensation benefits be
reduced because of the reduced payment from the Fund.

- 2967 -

 

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Session Laws, 1987
Volume 769, Page 2967   View pdf image
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