VETOES

Insurance Commissioner

FOR the purpose of authorizing certain substituted service of

process upon the Insurance Commissioner when a defendant has

insurance and cannot be located for service of process; and
generally relating to substituted service of process.

BY repealing and reenacting, with amendments, BY adding to

Article - Courts and Judicial Proceedings

Section 6-303 6-308

Annotated Code of Maryland

(1984 Replacement Volume and 1988 Supplement)

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

Article - Courts and Judicial Proceedings

6-303.

(a) If a person resists service of civil process by
threats, violence, or superior force, or by preventing the
officer serving the process from entering the premises to that
the officer cannot serve the process without force or personal
risk, the officer shall leave a copy of the process:

(1) With a responsible person at the premises; or if
that is not possible

(2) Posted as near the premises as practicable.

6-308.

(B) (A) SERVICE OF PROCESS MAY BE MADE UPON THE STATE
INSURANCE COMMISSIONER UNDER THIS SECTION AND ANY JUDGMENT
SUBSEQUENTLY RENDERED SHALL BE LIMITED TO THE LIMITS OF ANY
APPLICABLE INSURANCE IF THE PLAINTIFF HAS SHOWN BY AFFIDAVIT:

(1)  THAT THE DEFENDANT HAS INSURANCE COVERAGE;

(2)  THAT THE WHEREABOUTS OF THE DEFENDANT ARE UNKNOWN
AND THAT REASONABLE EFFORTS HAVE BEEN MADE, IN GOOD FAITH, TO
LOCATE THE DEFENDANT, AND THERE HAVE BEEN 3 UNSUCCESSFUL ATTEMPTS
AT SERVICE WHICH HAVE BEEN RETURNED NON EST; AND

(3) THAT NOTICE HAS BEEN PROVIDED BY REGISTERED OR
CERTIFIED MAIL OF SERVICE UPON THE STATE INSURANCE COMMISSIONER.

[(b)] (C) Service under this section is as effective as
actual personal service.

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