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PARRIS N. GLENDENING, Governor
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Ch. 330
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information required by this Act are not subject to certain liability; providing for
the application of this Act; and generally relating to requiring the disclosure of
certain information on the whereabouts the business address of a defendant who
is insured under an insurance policy or self-insurance plan under certain
circumstances.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 6-311
Annotated Code of Maryland
(1998 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
6-311.
(a) In this section, "person" has the meaning stated in Rule 1-202 of the
Maryland Rules.
(b) (1) This section applies to an action against a person who had applicable
insurance coverage under an insurance policy or self-insurance plan at the time the
alleged liability that is the subject of the action was incurred.
(2) Subject to paragraph (1) of this subsection, this section applies to a
person who is a defendant subject to a complaint, counterclaim, cross-claim, or
third-party complaint.
(c) (1) Subject to subsections (d) and (e) of this section, on written request of
a party to the action, an insurer or a person [that] WHO has a self-insurance plan
shall provide to the party ANY INFORMATION CONCERNING the defendant's
WHEREABOUTS, INCLUDING THE DEFENDANT'S last known home AND BUSINESS
[address] ADDRESS, if known TO THE INSURER OR THE PERSON WHO HAS THE
SELF INSURANCE PLAN.
(2) An insurer or a person that has a self-insurance plan, and their
employees and agents, may not be civilly or criminally liable for the disclosure of
information required under this subsection.
(d) Subsection (c)(1) of this section applies only if the plaintiff files a
certification that:
(1) States that the defendant had applicable insurance coverage at the
time the alleged liability was incurred;
(2) Sets forth in detail the reasonable efforts made, in good faith, by the
plaintiff to locate the defendant; and
(3) States that the defendant is evading service of process or the
whereabouts of the defendant are unknown to the plaintiff.
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- 1977 -
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