Ch. 392

LAWS OF MARYLAND

these motorists through the Tax Refund Intercept Program;
removing a technical requirement that uninsured claimants
file suit in one category of cases before their claims can
be settled; and generally relating to MAIF's Uninsured
Division.

BY repealing and reenacting, with amendments,

Article 48A - Insurance Code

Section 243H

Annotated Code of Maryland

(1986 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

243H.

(a) The following types of claims may be made against the
Fund under this section subject to the provisions of this
subtitle, and to the extent that the claim is not covered by a
policy of motor vehicle liability insurance:

(1) Claims for the death of or personal injury to a
qualified person or for damage to property in excess of $100,
arising out of the ownership, maintenance or use of a motor
vehicle in this State where the identity of the motor vehicle and
of the operator and owner thereof cannot be ascertained or it is
established that the motor vehicle, at the time the accident
occurred, was in the possession of some person other than the
owner without the owner's consent and that the identity of the
person cannot be ascertained; provided that:

(i) The claimant was not, at the time of the
accident, operating or riding in an uninsured motor vehicle owned
by him or a member of his family residing in his household and is
not the personal representative of the person so operating or
riding in such a vehicle;

(ii) The claimant was not at the time of the
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 the person so operating;

(iii) The claimant has a cause of action
against the operator or owner of the motor vehicle or against the
operator who was operating the motor vehicle without the consent
of the owner of the motor vehicle; and

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