WILLIAM DONALD SCHAEFER, Governor

Ch. 323

(i) The claimant is not a spouse or a member of the family residing in
the household of the uninsured operator or the personal representative of such a spouse;

(ii) The claimant was not, at the time of the accident, operating or
riding in an uninsured motor vehicle owned by him or a member of his family residing in
his household and is not the personal representative of a person who was operating or
riding in such a vehicle;

(iii) The claimant was not, at the time of the accident, operating a
motor vehicle in violation of an order of suspension, cancellation, or revocation with
respect to a certificate of registration or an operator's license, and is not the personal
representative or a member of the family residing in the household of a person so
operating;

(iv) The claim is not being made for damage to or destruction of an
uninsured motor vehicle owned wholly or partly by him;

(v) The claim is not made by or on behalf of any insurer by reason of
the existence of a policy of insurance whereby the insurer is liable to pay, in whole or in
part, the amount of the claim or by or on behalf of any insurer for any amount sought or
claimed for damages to or destruction to the claimant's or an insured's real or personal
property including automobiles by reason of collision with an automobile or object or by
upset of the automobile, or by reason of coverage afforded the insured providing
indemnification from injury or damages caused by uninsured motorists, and that no part
of the amount to be paid out of the Fund is sought in lieu of making a claim or receiving
a payment which is payable by reason of the existence of such a policy of insurance, and
that no part of the amount so sought will be paid to an insurer to reimburse or otherwise
indemnify the insurer in respect of any amount paid or payable by the insurer by reason
of the existence of such a policy of insurance; and

(vi) The claimant is ineligible to make a claim arising from the same
accident, under Subtitle 33 of this article, against the Property and Casualty Insurance
Guaranty Corporation.

243-I.

(b)     There shall be deducted from the applicable maximum amount set forth in
subsection (a) of this section or from the amount of the judgment, whichever is smaller,
the total of the following:

(1) From any judgment or portion thereof representing damages to real or
personal property, [one hundred dollars ($100.00)] $250;

541.

(c)     (1) In this subsection "uninsured motor vehicle" means a motor vehicle
whose ownership, maintenance, or use has resulted in the bodily injury or death of an
insured, and for which the sum of the limits of liability under all valid and collectible
liability insurance policies, bonds, and securities applicable to the bodily injury or death is
less than the amount of coverage provided under this subsection.

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