Ch. 11

1996 LAWS OF MARYLAND

In subsections (b) and (e)(2) of this section, the former phrase "from time to
time" is deleted as surplusage.

In subsection (b) of this section, the defined term "insurer" is substituted for
the former reference to a "company" for clarity.

Also in subsection (b) of this section, the reference to a determination that an
insurer is an "impaired insurer" is substituted for the former reference to a
determination of "insolvency" in light of the defined term "impaired insurer"
under § 9-201 of this subtitle.

Also in subsection (b) of this section, the former reference to a court "of
competent jurisdiction" is deleted as implicit.

In subsection (f)(2) of this section, the former reference to the "United
States" certified mail is deleted in light of Art. 1, § 8 of the Code, which
provides that a reference to "certified mail" means the uses, procedures, and
fees provided and generally referred to by the present United States Postal
Service.

Also in subsection (f)(2) of this section, the former phrase "first-class postage
prepaid" is deleted as implicit in the requirement under this subsection that a
notice be deposited in the "certified mail".

In subsection (f)(3) of this section, the reference to the authority of the court
to "approve" the proposal is substituted for the former reference to "[a]ction
[that] may be taken" by the court for consistency with subsection (b) of this
section.

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that it is unclear under former Art. 48A, § 162A(d),
revised as subsection (f)(3)(ii) of this section, why the court is authorized to
approve a proposal for disbursement of assets that does not meet all of the
minimum requirements of former Art. 48A, § 162A(b), now subsections (c)
and (d) of this section. Instead, former § 162A(d) seems to require that only
those requirements specified in § 162A(b)(1) and (4) need be met.

Defined terms: "Commissioner" § 1-101
"Creditor" § 9-201
"Impaired insurer" § 9-201
"Insurer" § 1-101
"Receiver" § 9-201
"State" § 9-201

9-225. ASSESSMENT OF MEMBERS OF DOMESTIC MUTUAL OR RECIPROCAL
INSURERS.

(A) REPORT AND PETITION TO COURT.

WITHIN 3 YEARS AFTER THE DATE OF THE ISSUANCE OF AN ORDER OF
REHABILITATION OR LIQUIDATION OF A DOMESTIC MUTUAL INSURER OR
DOMESTIC RECIPROCAL INSURER, THE COMMISSIONER MAY FILE WITH THE COURT:

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