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Uninsured Status (Continued from page 26)


(b) Vehicles registered in the State. — For a motor vehicle registered in the State on the date of the occurrence out of which the cause of action arose, the burden of proof shall be deemed satisfied when the person asserting the uninsured status of the motor vehicle introduces:


(1) A certified copy of the official record of the Motor Vehicle Administration for that motor vehicle indicating the absence of a record that the motor vehicle was covered by the se- curity required by ß 17-104 of the Transportation Article on the date of the occurrence out of which the cause of action arose; or


(2) A denial of coverage based on the absence of an in-force policy of insurance covering the vehicle on the date of the occur- rence out of which the cause of action arose by the insurer that has been identified as the insurer of the motor vehicle:


(i) By the Motor Vehicle Ad- ministration;


(ii) In writing, if any, by the


driver or owner of the mo- tor vehicle; and


(iii) In a report, if any, prepared by an officer of a federal, state, county, or municipal law enforcement agency who investigated the oc- currence out of which the cause of action arose.


(c) Vehicles registered out-of-state. — For a motor vehicle registered outside the State on the date of the occurrence out of which the cause of action arose, the burden of proof shall be deemed satisfied when the person asserting the uninsured status of the motor vehicle intro- duces:


(1) A certified copy of the official records of the governmental unit, if any, that maintains re- cords of insurance coverage for motor vehicles registered in that state indicating the absence of a record that the motor vehicle was covered by insurance on the date of the occurrence out of which the cause of action arose; or


(2) A denial of coverage based on the absence of an in-force policy of insurance covering the vehicle on the date of the


occurrence out of which the cause of action arose by the insurer that has been identified as the insurer of the vehicle:


(i) By the governmental unit, if any, that maintains re- cords of whether motor vehicles in the state are insured;


(ii) In writing, if any, by the driver or owner of the mo- tor vehicle; and


(iii) In a report, if any, prepared by an officer of a federal, state, county, or municipal law enforcement agency who investigated the oc- currence out of which the cause of action arose.


(d) Satisfaction of burden of proof. — If a person satisfies the burden of proof under subsection (b) or (c) of this section, the finder of fact shall find the motor vehicle at issue to be uninsured, unless an adverse party establishes by a preponderance of the evidence that the motor vehicle or the driver of the motor vehicle was covered by a valid, enforceable motor vehicle liability insurance policy, bond, or security that pro- vides coverage for the occurrence out of which the cause of action arose.


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to a lawsuits filed after February 24, 2006. Therefore, if you believe that this statute would be of help in a pending lawsuit, you may want to consider dismissing the current action then re-filing a new action assuming that the applicable statute of limitations has not expired, and there are no other barriers to re-filing. Auto negligence practitioners should


keep this statute in mind when taking on new uninsured motorist claims. From the outset, an attorney should try to obtain the types of records or documents men- tioned in the statute in order to satisfy the burden of proof which creates the rebuttable presumption of the tortfeasor’s uninsured status. MTLA members are encouraged to


forward any legislative suggestions or concerns for the 2007 General Assembly Session to Legislative Committee Chair Bob Zarbin.


28 Trial Reporter Summer 2006





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