Ch. 392

LAWS OF MARYLAND

(ii) 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 a person who was operating or
riding in such a vehicle;

(iii) 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 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. As a condition precedent to any liability on the
part of the Fund under this section, a claimant shall comply with
all such rules. The executive director or his designee on
behalf of the Fund may stipulate that the procedural requirements
of such rules have been met and consent to the claimant 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.

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