There is a bill pending in the Maryland Senate to overturn the Maryland Court of Appeals opinion in Maurer v. Pennsylvania National Mutual Casualty Insurance six years ago. This bill allows car insurance companies who have underinsured exposure because the at-fault driver has insufficient insurance coverage, to consent to settlements…
U.S. District Court Judge Catherine C. Blake issued a fascinating opinion this week in Allstate v. Warns, denying a former Allstate adjuster’s motion for summary judgment in a “we think you stole our documents and provided them to the plaintiffs’ lawyer” case. The facts are juicy. It is more than…
There is a bill in the Maryland General Assembly that would allow punitive damages against drunk drivers who caused “injury or wrongful death while operating a motor vehicle.” Punitive damages would be available against drunk drivers: (1) With a blood alcohol concentration of over .15; or (2) With a blood…
There is a big new Maryland Court of Special Appeals’ opinion in Garrity v. Injured Workers’ Insurance Fund, an opinion issued this week that every Maryland car accident lawyer should read, particularly those like me who rarely handle workers’ comp cases. If you handle motor vehicle injury claims, you need…
LawyersUSA has an article out today on the struggles that personal injury attorneys have had in getting fair compensation for their clients in accident and malpractice cases. The article contains a few quotes from me. There are a couple of leitmotifs lawyers deal with when representing injured people who are…
In Maryland, and in most states, there are immunities for police, fire and rescue agencies and personnel from civil liability for negligence. There is an exception for intentional torts and a “grossly negligent act.” Of course, this begs the question of what is a “grossly negligent act”? In Markevicz v.…
Pat Malone writes a guest blog on Don Keenan’s Trial Blog arguing that confidential settlements undermine public safety and justice. 2013 Update: the link is now broken, but this post is still worth reading. His point is that confidential settlements make it harder for future plaintiffs to get evidence and…
For those of you who do not practice in Maryland or don’t handle car accident cases, the Maryland Automobile Insurance Fund is a unique to our state creature. It is a state-owned insurance company that insures high-risk drivers. Most other states just require insurance companies to insure high-risk drivers if…
Medicare announced today that it has implemented a $300 threshold for some tort liability subrogation cases. This is monumental news for accident lawyers who often get bogged down trying to settle in claims where there is some minor Medicare payment out there that “could” be related to the car accident.…
The Maryland Court of Special Appeals sided with State Farm over the Maryland Insurance Administration this morning in Washington v. State Farm. The appeal rose from a consumer complaint who alleged to the Maryland Insurance Administration that State Farm failed to notify the consumer of an increase in his premium.…