Ch. 423                                    2004 LAWS OF MARYLAND

AN ACTION AGAINST A THIRD PARTY ADMINISTRATOR, PRODUCER, AGENT,
ATTORNEY, OR OTHER REPRESENTATIVE OF AN INSOLVENT INSURER TO OBTAIN
CUSTODY AND CONTROL OF ALL FILES AND RECORDS, REGARDLESS OF FORMAT,
RELATED TO CLAIMS INFORMATION THAT INVOLVES THE INSOLVENT INSURER

(2)      IN AN ACTION BROUGHT UNDER THIS SUBSECTION, THE
CORPORATION:

(I)      HAS THE ABSOLUTE RIGHT THROUGH EMERGENCY EQUITABLE
RELIEF TO OBTAIN CUSTODY AND CONTROL OF ALL CLAIMS INFORMATION IN THE
CUSTODY OR CONTROL OF THE THIRD PARTY ADMINISTRATOR, PRODUCER, AGENT,
ATTORNEY, OR OTHER REPRESENTATIVE OF THE INSOLVENT INSURER, REGARDLESS
OF WHERE THE CLAIMS INFORMATION IS PHYSICALLY LOCATED; AND

(II)     IS NOT SUBJECT TO ANY DEFENSE, LIEN, OR OTHER LEGAL OR
EQUITABLE GROUND THAT MIGHT BE ASSERTED AGAINST THE LIQUIDATOR OF THE
INSOLVENT INSURER FOR REFUSAL TO SURRENDER CLAIMS INFORMATION.

(3)      IF AN ACTION IS REQUIRED UNDER THIS SUBSECTION AFTER
REFUSAL TO PROVIDE CLAIMS INFORMATION IN RESPONSE TO A WRITTEN DEMAND
FOR THE CLAIMS INFORMATION, THE COURT SHALL AWARD THE CORPORATION ITS
COSTS, EXPENSES, AND REASONABLE ATTORNEY FEES INCURRED IN BRINGING THE
ACTION.

(4)      THIS SUBSECTION DOES NOT AFFECT THE RIGHTS AND REMEDIES
THAT THE CUSTODIAN OF THE APPLICABLE CLAIMS INFORMATION MAY HAVE
AGAINST THE INSOLVENT INSURER IF THOSE RIGHTS AND REMEDIES DO NOT
CONFLICT WITH THE RIGHT OF THE CORPORATION TO CUSTODY AND CONTROL OF
THE CLAIMS INFORMATION UNDER THIS SUBSECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply only
to insurer insolvencies that occur on or after the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2004.

Approved May 11, 2004.

CHAPTER 423
(House Bill 1533)

AN ACT concerning

Baltimore City - Public Alleys

FOR the purpose of authorizing the Mayor and City Council of Baltimore City to gate
or close a public an alley under certain circumstances for certain purposes;
authorizing the Mayor and City Council of Baltimore City to lease a certain

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