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Session Laws, 1996
Volume 794, Page 585   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 11

20-605. SETTLEMENT OFFERS.

(A)     APPROVAL OF OFFER.

(1)      AFTER THE FUND NEGOTIATES WITH A PLAINTIFF OR CLAIMANT A
SETTLEMENT OFFER THAT THE FUND FINDS REASONABLE, THE FUND SHALL GIVE
NOTICE TO THE DEFENDANT OR UNINSURED PARTY OF THE OFFER IN
ACCORDANCE WITH REGULATIONS OF THE FUND.

(2)      IF A DEFENDANT OR UNINSURED PARTY APPROVES THE
SETTLEMENT OFFER, THE PLAINTIFF OR CLAIMANT SHALL PROCEED TO
SETTLEMENT IN ACCORDANCE WITH REGULATIONS OF THE FUND AND THE
MARYLAND RULES.

(B)     REJECTION OF OFFER — NOTICE.

(1)      IF A DEFENDANT OR UNINSURED PARTY REJECTS A SETTLEMENT
OFFER, THE FUND SHALL CAUSE NOTICE TO BE SERVED ON THE DEPENDANT OR
UNINSURED PARTY BY ANY LAWFUL MANNER, INCLUDING:

(I)       A SHERIFF;

(II)     A PRIVATE PROCESS SERVER; AND

(III)    CERTIFIED MAIL BEARING A POSTMARK FROM THE UNITED
STATES POSTAL SERVICE TO THE LAST KNOWN ADDRESS OF THE DEFENDANT OR
UNINSURED PARTY OR THE LAST ADDRESS ON FILE WITH THE MOTOR VEHICLE
ADMINISTRATION OF THIS STATE OR THE STATE WHERE THE DEFENDANT OR
UNINSURED WAS LAST KNOWN TO RESIDE.

(2)      THE NOTICE SERVED UNDER THIS SUBSECTION SHALL STATE THAT:

(I)      WITHOUT FURTHER NOTICE, THE FUND WILL WITHDRAW
FROM THE CLAIM OR ACTION 30 DAYS AFTER THE DATE OF THE NOTICE;

(II)     WITHIN 30 DAYS AFTER THE DATE OF THE NOTICE, AN
APPEARANCE MAY BE ENTERED BY THE DEFENDANT OR UNINSURED PARTY OR BY
DEFENSE COUNSEL WHOM THE DEFENDANT OR UNINSURED PARTY CHOOSES; AND

(III)    IF THE PROVISIONS OF ITEM (II) OF THIS PARAGRAPH ARE NOT
MET, AT ANY TIME AFTER 30 DAYS FOLLOWING THE DATE OF THE NOTICE AND
WITHOUT FURTHER NOTICE, SUIT MAY BE FILED OR JUDGMENT MAY BE ENTERED
AGAINST THE DEFENDANT OR UNINSURED PARTY IN THE AMOUNT OF THE
SETTLEMENT OFFER.

(C)     SAME — ACTION BY FUND.

AFTER THE END OF THE 30-DAY PERIOD FOLLOWING NOTICE SERVED TO A
DEFENDANT OR UNINSURED PARTY UNDER SUBSECTION (B) OF THIS SECTION, THE
FUND MAY SETTLE THE CLAIM, FILE SUIT, OR REQUEST THE COURT TO SET THE
ACTION FOR AN EXPEDITED HEARING.

(D)     SAME — ACTION BY COURT.

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Session Laws, 1996
Volume 794, Page 585   View pdf image
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