WILLIAM DONALD SCHAEFER, Governor Ch. 671

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

Article - Estates and Trusts

8-104.

(e) (1) If the decedent was covered by a liability
insurance policy which at the time the action is instituted
provides insurance coverage for the occurrence, then,
notwithstanding the other provisions of this section, an action
against the estate may be instituted after the expiration of the
time designated in this section, but within the period of
limitations generally applicable to such actions.

(2)  The existence of insurance coverage is not
admissible at the trial of the case and if a verdict is rendered
against the estate[, the]:

(I)  THE judgment is NOT limited to the amount
of insurance COVERAGE FOR THE OCCURRENCE; AND

(II)  THE AMOUNT OF THE JUDGMENT THAT IS
COLLECTIBLE RECOVERABLE FROM THE ESTATE IS LIMITED TO THE AMOUNT
OF THE DECEDENT'S LIABILITY INSURANCE actually collectible under
the liability insurance policy.

(3)  These provisions permit claims against the
Unsatisfied Claim and Judgment Fund of the State, if otherwise
proper.

(4)  THE PROVISIONS OF THIS SUBSECTION MAY NOT BE
CONSTRUED TO LIMIT THE RIGHTS OF A PLAINTIFF TO:

(I)  PROCEED AGAINST THE PLAINTIFF'S INSURANCE
CARRIER; OR

(II)  OTHERWISE MAKE A CLAIM UNDER ANY
APPLICABLE FIRST PARTY INSURANCE POLICY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any verdict
rendered against an estate before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

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