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Session Laws, 1996
Volume 794, Page 329   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 11

(3) (I) BEFORE BEING OBLIGATED UNDER SUBSECTIONS (C) AND (D)
OF THIS SECTION, THE CORPORATION MAY REQUEST THAT TEMPORARY
MORATORIUMS OR LIENS ON PAYMENTS OF CASH VALUES AND POLICY LOANS BE
IMPOSED.

(II) IF THE COMMISSIONER APPROVES, THE TEMPORARY
MORATORIUMS OR LIENS REQUESTED BY THE CORPORATION UNDER THIS
PARAGRAPH MAY BE IMPOSED.

(F)      LIABILITY.

THE CORPORATION IS, NOT LIABLE UNDER THIS SECTION FOR A COVERED
POLICY OF A FOREIGN INSURER OR ALIEN INSURER WHOSE DOMICILIARY
JURISDICTION OR STATE OF ENTRY PROVIDES, BY STATUTE OR REGULATION,
PROTECTION FOR RESIDENTS OF THIS STATE SUBSTANTIALLY SIMILAR TO THAT
PROVIDED UNDER THIS SUBTITLE FOR RESIDENTS OF OTHER STATES.

(G)     HELP AND ADVICE TO COMMISSIONER.

ON REQUEST OF THE COMMISSIONER, THE CORPORATION MAY GIVE HELP
AND ADVICE TO THE COMMISSIONER ABOUT REHABILITATION, PAYMENT OF
CLAIMS, CONTINUATIONS OF COVERAGE, OR THE PERFORMANCE OF OTHER
CONTRACTUAL OBLIGATIONS OF AN IMPAIRED INSURER.

(H) STANDING.

(1)      THE CORPORATION HAS STANDING TO APPEAR BEFORE ANY COURT
IN THE STATE WITH JURISDICTION OVER AN IMPAIRED INSURER AS TO WHICH THE
CORPORATION IS OR MAY BECOME OBLIGATED UNDER THIS SUBTITLE.

(2)      THE STANDING EXTENDS TO ALL MATTERS GERMANE TO THE
POWERS AND DUTIES OF THE CORPORATION, INCLUDING PROPOSALS FOR
REINSURING OR GUARANTEEING THE COVERED POLICIES .OF THE IMPAIRED
INSURER AND THE DETERMINATION OF THE COVERED POLICIES AND
CONTRACTUAL OBLIGATIONS.

(I) ASSIGNMENT OF RIGHTS.

(1)      A PERSON RECEIVING BENEFITS UNDER THIS SUBTITLE, WHETHER
THE BENEFITS ARE PAYMENTS OF CONTRACTUAL OBLIGATIONS OR CONTINUATION
OF COVERAGE, IS DEEMED TO HAVE ASSIGNED ALL RIGHTS UNDER THE COVERED
POLICY TO THE CORPORATION TO THE EXTENT OF THE BENEFITS RECEIVED
BECAUSE OF THIS SUBTITLE.

(2)      THE CORPORATION MAY REQUIRE A PAYEE, POLICY OR CONTRACT
OWNER, BENEFICIARY, INSURED, OR ANNUITANT TO ASSIGN TO THE CORPORATION
ALL RIGHTS TO THE EXTENT OF BENEFITS RECEIVED UNDER THE COVERED POLICY
AS A CONDITION PRECEDENT TO THE RECEIPT OF ANY RIGHTS OR BENEFITS UNDER
THIS SUBTITLE.

(3)      THE CORPORATION IS SUBROGATED TO THE RIGHTS ASSIGNED
UNDER THIS SUBSECTION AGAINST THE ASSETS OF THE IMPAIRED INSURER.

- 329 -

 

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Session Laws, 1996
Volume 794, Page 329   View pdf image
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