Ch. 392                                           LAWS OF MARYLAND

(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 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 intervened
under this subsection, 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 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. 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:

(1)  He was physically incapable of giving the notice
within the required period and that he gave notice within 30 days
after he became physically capable of doing so, or in the event
that he did not become so capable that a notice was given on his
behalf within a reasonable period;

(2)  He gave the required notice within 30 days of
receiving notice that an insurer has disclaimed on a policy of
insurance so as to remove or withdraw liability insurance
coverage for his claim against a person or persons who allegedly
caused him to suffer damages; or

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