§ 20-606. Authority of Fund to defend claims; cooperation of defendant

   (a) In general. -- When a claim subject to this subtitle results in a default judgment that is entered for want of a plea by a defendant other than the Fund, or in a judgment that is entered with the consent of the defendant without the knowledge and approval of the Fund, the Fund shall answer or apply for relief against the judgment and for permission to answer and defend the claim within 30 days after receipt of actual notice of the judgment.

(b) Intervention; defenses. --

   (1) The Fund may elect to intervene in or defend a claim subject to this subtitle.

   (2) The Fund is entitled to each defense that would have been or is available to the uninsured owner or driver.

(c) Cooperation of defendant. --

   (1) A defendant shall cooperate with the Fund in defense of a claim in which the Fund has intervened under this subtitle.

   (2) If the defendant fails to cooperate, the Fund may apply to the court for an order that directs cooperation or proceed as provided under this subtitle.

HISTORY: An. Code 1957, art. 48A, § 243H; 1996, ch. 11.