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This entry was published on 2014-09-22
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SECTION 5211
Hearing on application for payment of judgment
Insurance (ISC) CHAPTER 28, ARTICLE 52
§ 5211. Hearing on application for payment of judgment. (a) The court
shall proceed upon the petition in a summary manner and the petitioner
must show:

(1) the petitioner is a qualified person;

(2) the petitioner was not at the time of the accident operating an
uninsured motor vehicle or operating a motor vehicle in violation of an
order of suspension or revocation;

(3) the petitioner has complied with the requirements of section five
thousand two hundred eight of this article;

(4) whether the judgment debtor at the time of the accident was
insured under a policy of motor vehicle liability insurance or indemnity
bond under which the insurer or surety is liable to pay all or part of
the judgment;

(5) the petitioner has obtained a judgment as provided in section five
thousand two hundred ten of this article, the amount of the judgment and
the amount unpaid at the date of the application;

(6) the application is not made by or on behalf of any insurer or
surety liable for the payment of all or part of the judgment by reason
of any motor vehicle liability insurance policy or any indemnity bond
and that no part of the amount to be paid by the corporation is sought
in lieu of making a claim, receiving a payment which is payable by, or
to indemnify, such an insurer or surety; and

(7) whether he has obtained judgment against any other person liable
for damages for bodily injury or death arising out of the accident and
the amounts paid.

(b) The corporation may appear and be heard in opposition to the
petition.