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Maryland claims against a 2026 bond total $900,000 against a bond of $500,000. How must the available bond amount be distributed when covered claims exceed it?

Correct Answer

B) The surety pays the bond to the Commissioner for pro rata distribution

If the amount of claims against a bond exceeds the amount of the bond, the surety must pay the amount of the bond to the Commissioner for pro rata distribution to claimants and is then relieved of liability under the bond. Other choices: order of receipt is not the rule; a first-claimant-takes-all outcome is what pro rata replaces; and the bond amount is the ceiling. Source: Md. Fin. Inst. § 11-508(b)(6)

Answer Options
A
The surety pays $900,000, because the claims establish the true exposure
B
The surety pays the bond to the Commissioner for pro rata distribution
C
The surety pays each claimant in full in the order the claims were received by it
D
The surety pays the first claimant in full and nothing to the others

Why This Is the Correct Answer

If the amount of claims against a bond exceeds the amount of the bond, the surety must pay the amount of the bond to the Commissioner for pro rata distribution to claimants and is then relieved of liability under the bond. Other choices: order of receipt is not the rule; a first-claimant-takes-all outcome is what pro rata replaces; and the bond amount is the ceiling. Source: Md. Fin. Inst. § 11-508(b)(6)

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