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Indemnification in Maryland

Frequently, when a party asserts a cross- or third-party claim, at least one count will assert that the cross- or third-party plaintiff is entitled to indemnification.  It is almost boilerplate.  However, Maryland law is fairly restrictive on the concept of indemnification, and frequently claims for indemnifica…
Categories: Maryland

Subrogation: Maryland Workers' Compensation Lien

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
Categories: Insurance, Maryland

Effective Demonstrative Evidence

We always look for ways to get the most value for our litigation expense investment. Not long ago, I secured a defense verdict in a case where the plaintiff turned left in front of a truck driven by my client. The issue was whether or not he had time to react and avoid the collision.  Using a radar gun and exemplar…

Maryland: The Interplay Between Workers' Compensation and Uninsured Motorists Insurance

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 carri…
Categories: Insurance, Maryland

Maryland bad faith/legal malpractice action against individual defense attorneys dismissed

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 p…

Workers' Compensation Claims Management in the District of Columbia and Maryland

This article presents insights into the management of workers’ compensation claims in the District of Columbia and Maryland.  READ MORE

Liability of Landowner for Criminal Acts of Third Parties

Can a landowner be held accountable for personal injuries caused by the intentional (or criminal) acts of third parties? In Maryland, the District of Columbia, Virginia and West Virginia, the answer is generally, no. Nevertheless, there are enough exceptions to this general rule that landowners could face extensive liabilit…

Premises Liability:  Maryland landowner not in possession or control of the premises

It has long been the general rule of Maryland premises liability law  that a landlord is not liable for injuries to a tenant or third party caused by defects or dangerous conditions where the landlord, or owner, has completely parted with control of the leased premises.  Marshall v. Price, 162 Md. 687, 161 A. 1…
Categories: Defenses, Maryland

Maryland Court upholds waiver of UM coverage

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 specifica…

Maryland Bankruptcy Court: Trustee cannot rely on sec. 544(a)(1) or (3) to avoid equitable lien

In Janet M. Nesse, Trustee v. GMAC Mortgage, LLC, Adversary No. 11-00290 (Bankr. D. Md. Apr. 19, 2012), the Bankruptcy Court considered the issue whether the Trustee could utilize sec. 544(a)(1) or (3) to avoid an equitable lien against property held as tenants by the entireties where only on spouse is a debtor in bankru…
Categories: Maryland