PARRIS N. GLENDENING, Governor

Ch. 11

(2) THE FUND IS ENTITLED TO EACH DEFENSE THAT WOULD HAVE
BEEN OR IS AVAILABLE TO THE UNINSURED OWNER OR DRIVER.

(C) COOPERATION OF DEFENDANT.

(1)     A DEFENDANT SHALL COOPERATE WITH THE FUND IN DEFENSE OF
A CLAIM IN WHICH THE FUND HAS INTERVENED UNDER THIS SUBTITLE.

(2)      IF THE DEFENDANT FAILS TO COOPERATE, THE FUND MAY APPLY
TO THE COURT FOR AN ORDER THAT DIRECTS COOPERATION OR PROCEED AS
PROVIDED UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 243H(b)(4) through (6).

In subsection (b)(2) of this section, the reference to "driver" is substituted for
the former reference to "operator". See the General Revisor's Note to this
title.

Defined term: "Fund" § 20-101
20-607. JUDICIAL REVIEW.

AN APPEAL TO THE APPROPRIATE COURT MAY BE TAKEN FROM A FINAL
ORDER, DECREE, OR JUDGMENT OF A COURT MADE UNDER THIS SUBTITLE:

(1)     THAT DEBARS A CLAIMANT FROM FURTHER PROCEEDING AGAINST
THE FUND OR DENIES THE CLAIM;

(2)     THAT AWARDS THE CLAIMANT LESS THAN THAT TO WHICH THE
CLAIMANT BELIEVES THE CLAIMANT IS ENTITLED; OR

(3)     EXCEPT AS PROVIDED IN § 20-605 OF THIS SUBTITLE, THAT CAUSES
THE DEFENDANT, THE UNINSURED PARTY, THE FUND, OR OTHER PARTY TO BE
AGGRIEVED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 243H(b)(7).

In the introductory language of this section, the former reference to a final
order, decree, or judgment made under "the rules adopted by the Fund and
the Court of Appeals" is deleted as implicit in the reference to a final order,
decree, or judgment "made under this subtitle".

Also in the introductory language of this section, the former description that

included the "Court of Appeals in the manner provided by law and rule of the
court" as an "appropriate court" is deleted as unnecessary in light of the
implication contained in this section that the appeal process must meet all
requirements imposed by statutory law and the rules of court.

Defined term: "Fund" § 20-101

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