» Insurance

In a car accident, where the other driver is at fault, generally the non at-fault party relies on the at-fault party’s insurance to pay their medical bills and repair costs. But the issue becomes what happens when the other party’s insurance is insufficient to cover all the expenses. This is where, an “underinsured mo… Read More

We previously noted the decision in Cincinnati Insurance Co. v. All Plumbing, Inc., Civil Action No. 12-851 (D.D.C. Oct. 18, 2013)(Kollar-Kotelly, J.), where the Court held that Cincinnati Insurance's failure to properly reserve its rights and five-month delay in disclaiming coverage while controlling important actions… Read More

In Maryland, an employer/insurer may recover reimbursement of workers’ compensation benefits paid in cases where a third party is liable for the employee’s injury. This is an overview of certain statutory provisions and legal doctrines that may have a bearing on such claims. We hope you find it useful. More Read More

In Cincinnati Insurance Co. v. All Plumbing, Inc., Civil Action No. 12-851 (D.D.C. Oct. 18, 2013)(Kollar-Kotelly, J.), the Court held that Cincinnati Insurance's failure to properly reserve its rights and five-month delay in disclaiming coverage while controlling important actions in the insureds' defense preclude… Read More

Interesting outcomes can result at the intersection of two insurance schemes under Maryland law: uninsured/underinsured motorists (UIM) and workers’ compensation. In Brethren Mut. Ins. Co. v. Suchoza, 212 Md. App. 43 (May 29, 2013), cert. denied, 2013 Md. LEXIS 631 (September 23, 2013), the Court held that the UIM carrier… Read More

In Cook v. Nationwide Insurance Company, Case No. PWG-13-882 (D. Md. Aug. 23, 2013), the Court considered a “dizzying array” of motions in an insurance bad faith case arising out of an excess judgment in a motor vehicle accident case tried in Maryland state court. The federal district court denied the plaintiff&… Read More

In Swartzbaugh v. Encompass Insurance Company of America, No. 100, September Term 2011 (Md. April 25, 2012), the Court held that in the context of a waiver of UM benefits under a Maryland motor vehicle insurance policy, the phrase “first named insured” refers to a person insured under the policy and specifically… Read More

In Evanston Insurance Company v. Dan Ryan Builders, Inc., No. 11-02366 (D. Md. Feb. 13, 2012), the Court granted the insureds' motion to dismiss an insurer's declaratory judgment action, finding in favor of abstention based on parallel litigation pending in state court. The defendants were Maryland contractors who… Read More