In May of 2011, John Tremain May and Padraic Keane of Jordan Coyne & Savits, L.L.P. successfully defended a law firm in the United States District Court for the District of Columbia in a lawsuit alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The plaintiff alleged that the defendant… Read More

In Stevens v. United General Title Insurance Co. , 801 A.2d 61 (D.C. 2002), the Court reaffirmed the District of Columbia’s adherence to the “eight corners rule,” requiring a comparison of the complaint with the insurance policy to determine the existence of a duty to defend. “Under [the ‘eight… Read More

In ACE American Insurance Company v. Williams, et al., 418 Md. 400, 15 A.3d 761 (2010), the Maryland Court of Appeals held that a court cannot approve a settlement of a wrongful death action unless the settlement complies with the requirements of Maryland Rule 15-1001, Courts and Judicial Proceedings Article sec. 3-904, and… Read More

In Respess v. Travelers Cas. & Sur. Co. of Am., 2011 U.S. Dist. Lexis 28531 (D. Md. 2011), the United States District Court for the District of Maryland analyzed the factual circumstances necessary to support a cognizable claim for intentional infliction of emotional distress and gross negligence against an insurer for… Read More

In a decision of interest to estate attorneys and insurance advisors, the Maryland Court of Special Appeals considered whether a life insurance policy issued to Dr. John Griffith (“Dr. Griffith”) was in force at the time of his death. See United States Life Ins. Co. v. Wilson, 198 Md. App. 452, 18 A.3d 110 (2011… Read More

Most liability insurance policies include what is commonly referred to as a “pollution exclusion” provision, which essentially excludes insurance coverage for bodily injury or property damage arising out of the discharge of “pollutants.” The inception of the pollution exclusion provision in liability… Read More

In a recent decision, Scapa Dryer Fabrics, Inc. v. Saville, 16 A.3d 159 (Md. 2011), the Maryland Court of Appeals addressed an issue of first impression relating to joint tortfeasor liability in asbestos cases. In that case, Mr. Saville was a “broke hustler” for a paper mill: his job was to keep the machines cle… Read More

In Lawley v. Northam, a case recently decided by the U.S. District Court for the District of Maryland, the court explored the scope of a real estate agent’s liability for making material misstatements or omissions concerning a property for sale. Lawley v. Northam, 2011 U.S. Dist. LEXIS 37690 (D. Md. Apr. 5, 2011). In… Read More