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Session Laws, 1989
Volume 771, Page 3535   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 564

(5)  The board of directors may, upon majority vote,
make recommendations to the Commissioner for the detection and
prevention of insurer impairments[.]; AND

(6)  The board of directors shall, at the conclusion
of any insurer impairment in which the [Association] CORPORATION
carried out its duties under this subtitle or exercised any of
its powers under this subtitle, prepare a report on the history
and causes of such impairment, based on the information available
to the [Association] CORPORATION, and submit such report to the
Commissioner.

532.

The [Association] CORPORATION may recommend [a natural
person] AN INDIVIDUAL to serve as a special deputy to act for the
Commissioner and under [his] THE COMMISSIONER'S supervision in
the liquidation, rehabilitation, or conservation of any member
insurer.

533.

(1)  Nothing in this subtitle shall be construed to reduce
the liability for unpaid assessments of the insureds of an
impaired insurer operating under a plan with assessment
liability.

(2)   [Records shall be kept] THE CORPORATION SHALL KEEP
RECORDS of all negotiations and meetings in which the
[Association] CORPORATION or its representatives are involved to
discuss the activities of the [Association] CORPORATION in
carrying out its powers and duties under § 527 OF THIS SUBTITLE.
Records of such negotiations or meetings shall be made public
only upon the termination of a liquidation, rehabilitation, or
conservation proceeding involving the impaired insurer, upon the
termination of the impairment of the insurer, or upon the order
of a court of competent jurisdiction. Nothing in this subsection
shall limit the duty of the [Association] CORPORATION to render a
report of its activities under § 534 OF THIS SUBTITLE.

(3)  For the purpose of carrying out its obligations under
this subtitle, the [Association] CORPORATION shall be deemed to
be a creditor of the impaired insurer to the extent of assets
attributable to covered policies reduced by any amounts to which
the [Association] CORPORATION is entitled as subrogee pursuant to
§ 527(9) OF THIS SUBTITLE. All assets of the impaired insurer
attributable to covered policies shall be used to continue all
covered policies and pay all contractual obligations of the
impaired insurer as required by this subtitle. [Assets] "ASSETS
attributable to covered [policies] POLICIES", as used in this
subsection, is that proportion of the assets which the reserves
that should have been established for such policies bear to the

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Session Laws, 1989
Volume 771, Page 3535   View pdf image
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