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…
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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…
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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…
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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…
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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…
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In Fireman’s Fund Insurance Company a/s/o Mangione Family Entpr. v. Tecumseh Products Co., et al., Civil Case No. JKB-09-2811 (D. Md. Mar. 2, 2011), the United States District Court for the District of Maryland excluded plaintiff’s causation expert for failing to meet the generally accepted standards for fire in…
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Steve Schwinn, Esq., a partner in the firm, organized the first annual CLM Group admission to the Supreme Court of the United States in May 2011. During the course of this event, Chief Justice John Roberts granted the motion of James F. Jordan, Esq., one of the founding partners of the firm and presently Of Counsel, to admi…
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The most recent issue of Jordan Coyne & Savits, L.L.P.’s newsletter is available here.
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Trial lawyers in the Washington, D.C. metropolitan area soon realize that almost every case can require discovery across jurisdictional boundaries. For cases where there is diversity or federal question jurisdiction, removal to federal court makes discovery easier. But when removal is not an option, the Uniform Interstate D…
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It is well-settled that courts will enforce “business enterprise” exclusions, sometimes also called “business pursuit” exclusions, in lawyers professional liability policies. The general approach taken has been to apply the plain meaning of the terms of the exclusions, with reference both to the reas…
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