Ch. 11

1996 LAWS OF MARYLAND

AND READING OF AN AMENDMENT OR SUPPLEMENT TO THE REPORT AND PETITION
SPECIFIED IN SUBSECTION (A) OF THIS SECTION IF THE AMENDMENT OR
SUPPLEMENT IS FILED WITHIN 3 YEARS AFTER THE DATE OF ISSUANCE OF THE
ORDER OF REHABILITATION OR LIQUIDATION.

(4) AFTER ISSUANCE OF AN ORDER UNDER THIS SUBSECTION, THE
COMMISSIONER SHALL ASSESS EACH MEMBER OR SUBSCRIBER IN ACCORDANCE
WITH THE ORDER.

(C)     LIMITATIONS ON ASSESSMENTS.

(1)      THE TOTAL OF ALL ASSESSMENTS AGAINST A MEMBER OR
SUBSCRIBER WITH RESPECT TO A POLICY, WHETHER IMPOSED UNDER THIS
SUBTITLE OR ANOTHER PROVISION OF THIS ARTICLE:

(I)       MAY NOT BE MORE THAN AS SPECIFIED IN THE POLICY OF THE
MEMBER OR SUBSCRIBER; AND

(II)     SHALL BE AS LIMITED UNDER THIS ARTICLE.

(2)      AN ASSESSMENT MAY NOT BE IMPOSED AGAINST A MEMBER OR
SUBSCRIBER WITH RESPECT TO A NONASSESSABLE POLICY THAT IS ISSUED IN
ACCORDANCE WITH THIS ARTICLE.

(D)     PRESUMPTION OF CORRECTNESS.                                                   

THE ASSESSMENT OF A MEMBER OR SUBSCRIBER IS PRESUMED CORRECT IF
MADE BY THE COMMISSIONER IN ACCORDANCE WITH A COURT ORDER THAT:

(1) FIXES THE AGGREGATE AMOUNT OF THE ASSESSMENT AGAINST
ALL MEMBERS OR SUBSCRIBERS; AND

(2)" APPROVES THE CLASSIFICATION AND FORMULA MADE BY THE
COMMISSIONER UNDER SUBSECTION (A) OF THIS SECTION.

(E)     PROCEDURE FOR COLLECTION.

(1)      THE COMMISSIONER SHALL MAIL . TO EACH MEMBER. OR
SUBSCRIBER AT THE LAST ADDRESS OF RECORD WITH THE INSURER A NOTICE
THAT:

(I)       STATES THE AMOUNT OF THE ASSESSMENT TO BE PAID BY THE
MEMBER OR SUBSCRIBER;

(II)     SPECIFIES WHEN THE ASSESSMENT SHOULD BE PAID; AND

(III)    REQUIRES PAYMENT NOT LESS THAN 20 DAYS AFTER THE
COMMISSIONER MAILS THE NOTICE.

(2)      IN A PROCEEDING TO COLLECT AN ASSESSMENT, IT IS NOT A
DEFENSE THAT A MEMBER OR SUBSCRIBER FAILED TO RECEIVE THE MAILED
NOTICE OR FAILED TO RECEIVE THE NOTICE WITHIN THE TIME SPECIFIED IN THE
NOTICE FOR PAYMENT OF THE ASSESSMENT.

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