The Court of Special Appeals of Maryland ruled last week in Shafer v. Interstate Automobile Ins. Co. that a motorcycle passenger – who was injured when the motorcycle on which she was riding blew out a tire – is not entitled to uninsured motorist coverage because she failed to meet her burden of proof that the damage to the tire was caused by third-party negligence. Accordingly, the court affirmed a Washington County, Maryland trial court judge who granted summary judgment on behalf of defendants Interstate Insurance and Nationwide Insurance.
This case underscores that Maryland law requires proof of negligence to make a recovery even if it is an uninsured motorist case.