RULE 15-804. UNIDENTIFIED OR DISAPPEARING MOTORIST--ACTION AGAINST FUND
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-804
RULE 15-804. UNIDENTIFIED OR DISAPPEARING MOTORIST--ACTION AGAINST FUND
(b) Condition Precedent to Action Against Fund. Prior to bringing an action against the Fund for damages resulting from an act or omission of an unidentified motorist or a disappearing motorist, the claimant shall first present a request to the Executive Director, in the manner and form prescribed by the Executive Director, for a stipulation by the Fund that the claimant has met the procedural requirements for bringing an action against the Fund.
(d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall contain a statement as to whether the stipulation requested pursuant to section (b) of this Rule was granted or refused. If the stipulation was granted, a copy of the stipulation shall be filed with the complaint.
(e) Motion to Dismiss. If the stipulation requested pursuant to section (b) of this Rule was refused, the Fund, within the time for filing an answer to the complaint, may file a motion to dismiss the complaint for failure of the claimant to meet the procedural requirements for bringing an action against the Fund. This defense may be joined with any other defense raised by motion pursuant to Rule 2-322 and is waived if not raised by motion before an answer is filed. When a motion is filed pursuant to this section, the time for filing an answer is extended without special order of the court to 15 days after entry of an order denying the motion.
Cross reference: Code, Insurance Article, ยง 20-602.
Source: This Rule is derived from former Rules BW2, BW3, and BW5.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended May 9, 2000, eff. July 1, 2000.]
MD Rules, Rule 15-804, MD R SPEC P Rule 15-804
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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