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West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Supreme Court and the Appellate Court
Chapter 400. Preliminary Procedures
MD Rules, Rule 8-424
When an appeal is taken from a judgment entered against an insured in an action defended by an insurer under a policy of insurance, all proceedings to enforce the judgment pending the appeal shall be stayed to the extent of the policy coverage, if the insurer files with the clerk of the lower court an affidavit of one of its officers or authorized agents describing the policy and the amount of coverage, together with a written undertaking that if the judgment is affirmed or modified or the appeal is dismissed, the insurer will pay the judgment, or that part affirmed, to the extent of the limit of liability in the policy plus interest and costs. The insurer shall serve a copy of the affidavit and undertaking on the judgment creditor. The insurer shall also give written notice to the insured that (a) the enforcement of the judgment to the extent of the limit of liability is stayed with respect to the insured and (b) if the limit of liability is less than the amount of the judgment, the insured may obtain a stay of enforcement of the balance of the judgment by filing a supersedeas bond in an amount set pursuant to Rule 8-423, not exceeding the balance.
Committee note: This Rule does not affect the authority of a court under Rule 1-402 (d) to increase or decrease the amount of a bond or under Rule 1-402 (e) to accept security other than the insurance policy as security for performance of a bond.
Source: This Rule is new.


[Adopted Nov. 19, 1987, eff. July 1, 1988.]
MD Rules, Rule 8-424, MD R A CT AND SPEC A Rule 8-424
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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