WILLIAM DONALD SCHAEFER, Governor Ch. 392

(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 that the Fund
finds 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 an appearance for 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
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
action for an expedited hearing. At the hearing the court may
proceed in a summary manner, and if it is satisfied that this
section or any other applicable provisions of this subtitle 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.

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