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Session Laws, 1996
Volume 794, Page 253   View pdf image
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PARRIS N. GLENDENING, Governor                                  Ch. 11

(3)      AN OFFICER, DIRECTOR, MANAGER, TRUSTEE, ORGANIZER,
PROMOTER, OR ATTORNEY-IN-FACT OF AN INSURER AGAINST WHICH A
DELINQUENCY PROCEEDING HAS BEEN COMMENCED, IN AN ACTION RESULTING
FROM OR INCIDENTAL TO THE PERSON'S RELATIONSHIP WITH THE INSURER;

(4)      A PERSON THAT, AT THE TIME OF OR AFTER COMMENCEMENT OF
THE DELINQUENCY PROCEEDING, HELD OR WAS IN CONTROL OF ASSETS IN WHICH
THE RECEIVER CLAIMS AN INTEREST ON BEHALF OF THE INSURER, IN AN ACTION
CONCERNING THE ASSETS; AND

(5)      A PERSON OBLIGATED TO THE INSURER IN ANY WAY, IN AN ACTION
ON OR INCIDENTAL TO THE OBLIGATION.

(C) VENUE.

THE VENUE OF ALL DELINQUENCY PROCEEDINGS IS IN BALTIMORE CITY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 133(a), (b), and (e).

In subsection (a)(1) of this section, the former reference to the "equity"
jurisdiction of the Circuit Court of Baltimore City is deleted in light of Md.
Rule 2-301, which provides that there shall be one form of action known as
"civil action". The Committee Note to Md. Rule 2-301 states that the effect of
this Rule is to eliminate distinctions between law and equity for purposes of
pleadings, parties, court sittings, and dockets, but that the Rule does not
affect the right to jury trial.

Defined terms: "Agent" § 1-101
"Broker" § 1-101

"Delinquency proceeding" § 9-201
"Insurer" § 1-101
"Person" § 1-101
"Policy" § 1-101
"Receiver" § 9-201
"Reinsurance" § 1-101

9-210. COMMENCEMENT OF DELINQUENCY PROCEEDINGS.

(A)     APPLICATION FOR SHOW CAUSE ORDER.

THE COMMISSIONER SHALL COMMENCE A DELINQUENCY PROCEEDING
AGAINST AN INSURER BY APPLYING TO THE COURT FOR AN ORDER THAT DIRECTS
THE INSURER TO SHOW CAUSE WHY THE COURT SHOULD NOT GRANT THE RELIEF
REQUESTED.

(B)     ACTION BY COURT.

(1) THE COURT MAY CONSIDER AN APPLICATION FOR COMMENCEMENT
OF A DELINQUENCY PROCEEDING ONLY IF THE APPLICATION IS FILED BY THE
COMMISSIONER IN THE NAME OF THE STATE.

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Session Laws, 1996
Volume 794, Page 253   View pdf image
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