Ch. 11

1996 LAWS OF MARYLAND

(2) WORKERS' COMPENSATION BENEFITS MAY NOT BE REDUCED
BECAUSE OF THE REDUCED PAYMENT FROM THE FUND.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 243-I.

In subsection (b)(1)(i) and (ii)3 of this section, the former references to "real
or personal" property are deleted as surplusage.

Defined terms: "Fund" § 20-101
"Insurer" § 1-101
"Person" §§ 1-101 and 20-101
"Policy" § 1-101

20-603. NOTICE OF CLAIM.

(A)     TIME FOR FILING; EXCEPTIONS.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
NOTICE OF A CLAIM FOR DAMAGES MUST BE FILED WITH THE FUND WITHIN 180
DAYS AFTER THE ACCIDENT OUT OF WHICH THE CAUSE OF ACTION ARISES BEFORE
A. PERSON MAY APPLY OR SUE FOR PAYMENT FROM THE FUND UNDER THIS
SUBTITLE.

(2)      IF NOTICE OF A CLAIM IS NOT FILED WITHIN THE TIME REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION, A CLAIM OR SUIT MAY NOT BE FILED
OR MAINTAINED UNLESS THE CLAIMANT PROVIDES PROOF:

(I)       THAT THE CLAIMANT WAS PHYSICALLY INCAPABLE OF FILING
NOTICE WITHIN THE TIME REQUIRED AND FILED NOTICE WITHIN 30 DAYS AFTER
BECOMING PHYSICALLY CAPABLE OF DOING SO OR, IF THE CLAIMANT DID NOT
BECOME CAPABLE OF FILING NOTICE, THAT A NOTICE WAS FILED FOR THE
CLAIMANT WITHIN A REASONABLE PERIOD;

(II)     THAT THE CLAIMANT FILED NOTICE WITHIN 30 DAYS AFTER
HAVING RECEIVED NOTICE THAT AN INSURER HAD DISCLAIMED ON A POLICY AND
THUS REMOVED OR WITHDREW LIABILITY INSURANCE COVERAGE FOR THE CLAIM
AGAINST A DEFENDANT; OR

(III)    THAT THE CLAIMANT GAVE THE NOTICE REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION WITHIN 30 DAYS AFTER RECEIVING NOTICE
THAT THE INSURER OF THE DEFENDANT WAS INSOLVENT IF:

1.        THE INSURER OF THE DEFENDANT IS NOT AUTHORIZED
TO TRANSACT INSURANCE BUSINESS IN THE STATE; AND

2.        THE CLAIMANT IS NOT ELIGIBLE TO MAKE A CLAIM
AGAINST THE PROPERTY AND CASUALTY INSURANCE GUARANTY CORPORATION.

(B)     CONTENTS.

THE NOTICE OF A CLAIM SHALL CONTAIN:

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