PARRIS N. GLENDENING, Governor

Ch. 11

(I)      SHALL BE SET BY THE COMMISSIONER, SUBJECT TO APPROVAL
BY THE COURT; AND

(II)     SHALL BE PAID OUT OF THE ASSETS OR FUNDS OF THE
INSURER.

(3) WITHIN THE LIMITS OF DUTIES IMPOSED ON A SPECIAL DEPUTY
CONCERNING A DELINQUENCY PROCEEDING, THE SPECIAL DEPUTY:

(I)      SHALL POSSESS ALL POWERS GIVEN TO THE RECEIVER; AND

(II)     IN THE EXERCISE OF THOSE POWERS, IS SUBJECT TO ALL THE
DUTIES IMPOSED ON THE RECEIVER CONCERNING THE DELINQUENCY
PROCEEDING.

(B) REPRESENTATION FOR SPECIAL DEPUTY COMMISSIONERS.

IN A CIVIL PROCEEDING FILED AGAINST A SPECIAL DEPUTY COMMISSIONER
APPOINTED UNDER THIS SUBTITLE, THE SPECIAL DEPUTY COMMISSIONER IS
ENTITLED TO REPRESENTATION BY THE ATTORNEY GENERAL AS SPECIFIED IN
TITLE 12, SUBTITLE 3, PART II OF THE STATE GOVERNMENT ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 145(6) and 164B(b).

In subsection (a)(1) of this section, the phrase "in which the Commissioner
has been appointed receiver" is added for clarity. Similarly, in subsection
(a)(2)(i) of this section, the reference to "Commissioner" is substituted for the
former reference to "receiver" for clarity and consistency.

In subsection (a)(1)(ii) of this section, the former reference to the
Commissioner employing counsel, clerks, and assistants as the Commissioner
"deems necessary" is deleted as implicit.

As to the effect of subsection (a) of this section as part of the Uniform
Insurers Liquidation Act, see § 9-202 of this subtitle.

Defined terms: "Commissioner" § 1-101
"Delinquency proceeding" § 9-201
"Insurer" § 1-101
"Receiver" § 9-201

9-208. PERSONS SUBJECT TO DELINQUENCY PROCEEDINGS.

A DELINQUENCY PROCEEDING MAY BE BROUGHT AGAINST:

(1)     AN INSURER THAT IS DOING OR HAS DONE INSURANCE BUSINESS IN
THE STATE AND AGAINST WHOM CLAIMS ARISING FROM THAT INSURANCE
BUSINESS MAY EXIST NOW OR IN THE FUTURE;

(2)     A PERSON THAT PURPORTS TO DO INSURANCE BUSINESS IN THE
STATE;

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