4th Circuit affirms summary judgment based on business enterprise exclusion in LPL policy

In Minnesota Lawyers Mut. Ins. Co. v. Antonelli, Terry, Stout & Kraus, LLP, No. 10-2404 (4th Cir. March 29, 2012)(unpublished), the Court affirmed the District Court's award of summary judgment to the insurer, holding that the insurer does not have a duty to defend the insured law firm because the complaint falls e… Read More
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Pollution exclusion update: Fourth Circuit certifies Chinese drywall case to Virginia Supreme Court

To update a previous post dealing with the application of the pollution exclusion in a Chinese drywall case, in Travco Ins. Co. v. Ward, No. 10-1710 (4th Cir. March 1, 2012), an insured had appealed from an order granting summary judgment to his homeowner's insurer in a Chinese drywall case. The District Court found th… Read More
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Categories: Insurance, Virginia

Private causes of action against CRESPA surety bond

In First American Title Insurance Company v. Western Surety Company, No. 111394 (March 2, 2012), the Virginia Supreme Court addressed three questions of law certified by the United States Court of Appeals for the Fourth Circuit. The Court held: (1) that the Virginia Consumer Real Estate Settlement Protection Act (“CRE… Read More
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Categories: Insurance, Virginia

Virginia Insurance Coverage:  Supreme Court interprets auto policy’s workers compensation exclusion

In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits. The p… Read More
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Jordan Coyne & Savits, L.L.P. selected for inclusion in 2011-2012 U.S. News List of Best Law Firms

Jordan Coyne & Savits, L.L.P. was named to the 2011-2012 U.S. News list of Best Law Firms. For 2011-2012, Jordan Coyne & Savits, L.L.P. was recognized as a Tier 1 firm for Legal Malpractice Law – Defendants, and Personal Injury Litigation – Defendants. Read More
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Categories: News

Maryland Workers’ Compensation Defense:  Court rejects special mission exception

In Garrity v. IWIF, No. 1185, September Term, 2010 (Md. App. February 9, 2012), appellant was a part-time bailiff at the District Court for Baltimore City, where he was involved in an automobile accident as he was returning to the courthouse. Appellant had already arrived at work earlier in the morning but realized the tie… Read More
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Defendants still need to beware of punitive damages in the District of Columbia

While the District of Columbia possesses discretion over the imposition of punitive damages, the Due Process Clause of the Fourteenth Amendment prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasor (although because the District of Columbia is not a state, the analysis is under the Due Proce… Read More
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Police civil liability:  Maryland federal court grants summary judgment in racial profiling case

On February 7, 2012 the U.S. District Court of Maryland issued a memorandum opinion granting summary judgment to the defendant police officers in a civil lawsuit alleging liability for unlawful arrest (allegedly due to racial considerations). Santos v. Frederick County Board of Commissioners, No. L-09-2978 (D. Md. Feb. 7, 2… Read More
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Commercial ambulances not shielded by the Maryland Good Samaritan Act or the Fire and Rescue Act

In Murray v. Transcare Maryland, Inc., No. 1791, Sept. Term 2010 (Feb. 9, 2012), the Court of Special Appeals held that a private for-profit ambulance service is not subject to Maryland’s Good Samaritan Act (Md. Courts and Jud Code Ann. § 5-603) or to the Fire and Rescue Act (§ 5-604). Both statutes are desi… Read More
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Categories: Defenses, Maryland

The Collateral Source Rule in Maryland and the District of Columbia

Both Maryland and the District of Columbia recognize, as long-standing common law, the collateral source rule in the context of personal injury litigation. Maryland, for example, has recognized the collateral source rule for at least 112 years. See Norfolk Southern Ry. Corp. v. Tiller, 179 Md. App. 318, 327 (2008) (noting r… Read More
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