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Session Laws, 1996
Volume 794, Page 265   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 11

ISSUANCE OF A SEIZURE ORDER UNDER THIS SECTION DOES NOT CONSTITUTE
AN ANTICIPATORY BREACH OF ANY CONTRACT OF THE INSURER.

(D)     SAME — HEARING.

(1)      AT ANY TIME AFTER ISSUANCE OF AN EX PARTE ORDER UNDER
THIS SUBSECTION, AN INSURER SUBJECT TO THE ORDER MAY PETITION THE COURT
FOR A HEARING AND REVIEW OF THE ORDER.

(2)      WITHIN 15 DAYS AFTER RECEIPT OF THE PETITION, THE COURT
SHALL HOLD THE HEARING AND REVIEW OF THE ORDER.

(E)     SAME — NOTICE TO INTERESTED PERSONS.

(1)      IF AT ANY TIME AFTER ISSUANCE OF A SEIZURE ORDER THE COURT
DETERMINES THAT A PERSON WHOSE INTEREST IS OR WILL BE SUBSTANTIALLY
AFFECTED BY THE ORDER DID NOT APPEAR AT THE HEARING AND HAS NOT BEEN
SERVED, THE COURT MAY ORDER THAT NOTICE BE GIVEN TO THAT PERSON.

(2)      THE ORDER THAT NOTICE BE GIVEN DOES NOT STAY THE EFFECT
OF ANY OTHER ORDER PREVIOUSLY ISSUED BY THE COURT.

(F)      OTHER INJUNCTIONS OR ORDERS.

AT ANY TIME DURING A DELINQUENCY PROCEEDING, THE COURT MAY ISSUE
AN INJUNCTION OR ORDER TO PREVENT:

(1)      INTERFERENCE WITH THE COMMISSIONER OR THE DELINQUENCY
PROCEEDING;

(2)      WASTE OF THE ASSETS OF THE INSURER;

(3)      COMMENCEMENT OR PROSECUTION OF AN ACTION;

(4)      OBTAINING OF PREFERENCES, JUDGMENTS, ATTACHMENTS, OR
OTHER LIENS; OR

(5)      LEVY AGAINST THE INSURER OR ALL OR PART OF ITS ASSETS.

(G)     CONFIDENTIALITY OF DOCUMENTS AND RECORDS.

(1)      EXCEPT WHEN DISCLOSURE IS NECESSARY TO COMPLY WITH A
COURT ORDER, ALL DOCUMENTS AND RECORDS THAT RELATE TO A PROCEEDING
UNDER THIS SECTION, INCLUDING RECORDS OF THE INSURER, FILES OF THE
ADMINISTRATION, AND COURT RECORDS AND PAPERS, ARE CONFIDENTIAL.

(2)      THE CLERK OF THE COURT SHALL HOLD ALL DOCUMENTS AND
RECORDS FILED WITH THE COURT IN A PROCEEDING UNDER THIS SECTION IN A
CONFIDENTIAL FILE.

(3)      AFTER HEARING ARGUMENTS FROM THE PARTIES, THE COURT MAY
ORDER THAT A DOCUMENT OR RECORD BE MADE PUBLIC.

(H) BOND NOT REQUIRED.

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Session Laws, 1996
Volume 794, Page 265   View pdf image
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