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Session Laws, 1996
Volume 794, Page 588   View pdf image
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Ch. 11                                      1996 LAWS OF MARYLAND

20-608. RECOVERY OF MONEY PAID BY FUND.

(A)     MANNER OF RECOVERY.

ALL MONEY PAID OUT BY THE FUND UNDER THIS SUBTITLE MAY BE
RECOVERED BY THE FUND FROM THE UNINSURED PARTY AT FAULT IN ANY
MANNER PROVIDED BY LAW, INCLUDING THE MARYLAND TAX REFUND INTERCEPT
PROGRAM.

(B)     INDEXING OF JUDGMENTS.

A JUDGMENT THAT IS ASSIGNED TO OR OBTAINED BY THE FUND:

(1) IS CONSIDERED IN ITS ENTIRETY AS TAKEN FOR THE USE OF THE
STATE; AND

                (2) SHALL BE INDEXED IN THE APPROPRIATE COURT RECORDS IN THE

NAME OF THE STATE OF MARYLAND, MARYLAND AUTOMOBILE INSURANCE FUND.

(C)     COSTS OF COLLECTION.

IF THE FUND BRINGS SUIT TO ENFORCE A JUDGMENT OBTAINED UNDER THIS
SUBTITLE AGAINST AN UNINSURED PARTY AT FAULT, THE FUND MAY RECOVER
THE ACTUAL COSTS OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES.

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

In subsection (a) of this section, the former reference to the "Unsatisfied
Claim and Judgment Fund under former Article 66 1/2" is deleted as obsolete.

Also in subsection (a) of this section, the phrase "without limitation", which
formerly modified "including", is deleted as unnecessary in light of Art. 1, § 30
of the Code, which provides that the term "including" is used by way of
illustration and not by way of limitation.

In subsection (c) of this section, the reference to an uninsured "party at fault"
is substituted for the former reference to uninsured "motorists" to conform to
the terminology used in subsection (a) of this section.

Defined term: "Fund" § 20-101
20-609. SUBROGATION TO RIGHTS OF CLAIMANT.

(A)     IN GENERAL.                                                               

WHENEVER THE FUND MAKES PAYMENT IN AN ACTION BROUGHT OR CLAIM
MADE UNDER THIS SUBTITLE, THE FUND SHALL BE SUBROGATED TO THE CAUSE OF
ACTION OF THE CLAIMANT RECEIVING THE PAYMENT AGAINST THE DRIVER OR
OWNER OF THE MOTOR VEHICLE BY WHICH THE ACCIDENT WAS OCCASIONED.

(B)     ACTION FOR AMOUNT OF DAMAGE.
THE FUND:

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Session Laws, 1996
Volume 794, Page 588   View pdf image
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