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Session Laws, 1997
Volume 795, Page 1261   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

SENT BY CERTIFIED MAIL BY OR ON BEHALF OF THE COMMISSIONER TO THE
UNAUTHORIZED INSURER AT ITS LAST KNOWN PRINCIPAL PLACE OF BUSINESS; AND

(3) ON OR BEFORE THE DATE THAT THE UNAUTHORIZED INSURER IS
REQUIRED TO APPEAR OR WITHIN ANY FURTHER TIME THAT THE COURT ALLOWS,
THE FOLLOWING ITEMS ARE FILED WITH THE COMMISSIONER, IN THE CASE OF A
STATEMENT OF CHARGES OR NOTICE, OR WITH THE CLERK OF THE COURT IN
WHICH THE ACTION IS PENDING, IN THE CASE OF PROCESS:

(I) THE UNAUTHORIZED INSURER'S RECEIPT, OR THE RECEIPT
ISSUED BY THE UNITED STATES POSTAL SERVICE, SHOWING THE NAME OF THE
SENDER OF THE LETTER AND THE NAME AND ADDRESS OF THE ADDRESSEE; AND

(II) AN AFFIDAVIT OF THE INDIVIDUAL WHO DID THE MAILING
SHOWING COMPLIANCE WITH ITEM (1) OF THIS SUBSECTION.

(D) CEASE OR DESIST ORDER OR JUDGMENT BY DEFAULT OR CONFESSION.

A CEASE OR DESIST ORDER, JUDGMENT BY DEFAULT, OR JUDGMENT BY
CONFESSION UNDER THIS SECTION MAY NOT BE ENTERED UNTIL THE EXPIRATION
OF 30 DAYS AFTER THE DATE OF THE FILING OF THE AFFIDAVIT OF COMPLIANCE.

(E) OTHER SERVICE NOT LIMITED.

(1) SERVICE OF PROCESS AND NOTICE UNDER THIS ARTICLE IS IN
ADDITION TO ALL OTHER METHODS OF SERVICE PROVIDED BY LAW.

(2) THIS ARTICLE DOES NOT LIMIT OR PROHIBIT THE RIGHT TO SERVE
ANY STATEMENT OF CHARGES, NOTICE, OR PROCESS ON AN INSURER IN ANY OTHER
MANNER AUTHORIZED BY LAW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 240.

In the introductory language of subsection (a) of this section, the reference to
legal "effect" is substituted for the former reference to legal "force and
validity" for brevity.

Also in the introductory language of subsection (a) of this section, the former
phrase "his successor or successors in office" is deleted as implicit in the
reference to the "Commissioner".

Also in the introductory language of subsection (a) of this section, the words
"true and lawful", which formerly modified "attorney", are deleted as
surplusage. Similarly, the word "lawful", which formerly modified "process", is
deleted as surplusage.

Also in the introductory language of subsection (a) of this section, the former
words "action" and "suit" are deleted as included in the reference to a
"proceeding" for the recovery of a penalty.

In subsection (b)(1) and (2) of this section, the word "individual" is
substituted for the former word "person" because only an individual could be

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Session Laws, 1997
Volume 795, Page 1261   View pdf image
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