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Session Laws, 1996
Volume 794, Page 586   View pdf image
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Ch. 11                                      1996 LAWS OF MARYLAND

AT A HEARING AUTHORIZED UNDER SUBSECTION (C) OF THIS SECTION, THE
COURT MAY PROCEED IN A SUMMARY MANNER AND, IF SATISFIED THAT EACH
APPLICABLE PROVISION OF THIS TITLE HAS BEEN MET, ENTER JUDGMENT IN FAVOR
OF THE PLAINTIFF OR FUND IN THE AMOUNT OF THE SETTLEMENT OFFER.

(E) SAME —APPEAL.

(1)     THE DEFENDANT OR UNINSURED PARTY MAY FILE AN APPEAL
WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF THE JUDGMENT.

(2)     ABSENT PROOF OF FRAUD, MUTUAL MISTAKE, OR OBVIOUS
IRREGULARITY, THE JUDGMENT IS NOT SUBJECT TO APPEAL, AMENDMENT, OR
OTHER ACTION OF THE COURT AFTER THE PERIOD FOR FILING AN APPEAL HAS
EXPIRED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 243H(b)(3).

In subsection (a) of this section, the references to "regulations" adopted by
the Fund are substituted for the former references to "rules" adopted by the
Fund. See the General Revisor's Note to this article.

In subsection (a)(2) of this section, the term "Maryland Rules" is substituted
for "rules adopted by ... the Court of Appeals" for clarity. As to the applicable
Fund regulation, see COMAR 14.07.04. As to the applicable Maryland Rule,
see Md. Rule BW7.

In subsection (b)(1)(iii) of this section, the former phrase "of record" is
deleted as surplusage.

In subsection (b)(2)(ii) of this section, the former reference to a defense
counsel entering an appearance "for him", i.e., the defendant or uninsured
party, is deleted as surplusage.

Defined terms: "Fund" § 20-101
"State" § 1-101

20-606. AUTHORITY OF FUND TO DEFEND CLAIMS.

(A)     IN GENERAL.

WHEN A CLAIM SUBJECT TO THIS SUBTITLE RESULTS IN A DEFAULT JUDGMENT
THAT IS ENTERED FOR WANT OF A PLEA BY A DEFENDANT OTHER THAN THE FUND,
OR IN A JUDGMENT THAT IS ENTERED WITH THE CONSENT OF THE DEFENDANT
WITHOUT THE KNOWLEDGE AND APPROVAL OF THE FUND, THE FUND SHALL
ANSWER OR APPLY FOR RELIEF AGAINST THE JUDGMENT AND FOR PERMISSION TO
ANSWER AND DEFEND THE CLAIM WITHIN 30 DAYS AFTER RECEIPT OF ACTUAL
NOTICE OF THE JUDGMENT.

(B)     INTERVENTION; DEFENSES.

(1) THE FUND MAY ELECT TO INTERVENE IN OR DEFEND A CLAIM
SUBJECT TO THIS SUBTITLE.

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Session Laws, 1996
Volume 794, Page 586   View pdf image
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