The Maryland Court of Special Appeals examined the matter of underinsured motorist coverage and setoff amounts in a recent opinion concerning a car crash case, Allstate v. Kponve. In Allstate, the insured was involved in a motor vehicle accident and brought suit against the other driver, alleging that his negligence…
The Maryland Court of Special Appeals recently ruled on a lead paint case, Barr v. Rochkind (Md. Ct. Spec. App. Sept. 29, 2015), in an action brought by a plaintiff alleging that she was exposed to lead-based paint while living in a rental property owned and managed by the defendants. The…
In a newly published opinion, the Maryland Court of Appeals considered whether a pediatrician, who has never treated a child victim of lead paint poisoning, may be permitted to offer an opinion as to medical causation of this condition. In Roy v. Dackman, the plaintiff filed a negligence action against…
The Maryland Court of Appeals interpreted the “gap” provision of an auto insurance policy in Connors v. Government Employees Ins. Co., 442 Md. 466 (2015). In Connors, the plaintiff and her husband were walking in their neighborhood when they were struck by a vehicle backing out of a driveway. The…
In a particularly fact-based ruling, the Maryland Court of Special Appeals ruled that a non-related person living with a policy holder was not covered as a dependent person for the purposes of an “umbrella” insurance policy. In Rigby v. Allstate Indem. Co., (Md. Ct. Spec. App. Sept. 30, 2015), the…
In a case with startling facts leading to worst-case scenario consequences, the Maryland Court of Special Appeals examined whether the insurance coverage of a driver expired just one day prior to a fatal accident. In Price v. State Farm Insurance Company (Md. Ct. Spec. App. September 14, 2015), the driver…
In a victory for the plaintiff, the Maryland Court of Special Appeals reversed the lower court’s order of summary judgment against her, allowing her lead paint claim to proceed. In Smith v. Rowhouses, 117 A.3d 622, 624 (Md. App. 2015), the plaintiff brought a negligence action against the defendant, alleging that…
In a recently released opinion in the case of Stidham v. R.J. Reynolds Tobacco Co. (Md. Ct. Spec. App. Aug. 27, 2015), the Maryland Court of Special Appeals finally answered the question of whether or not joinder of wrongful death claims against asbestos defendants with wrongful death claims asserted against tobacco…
The Court of Special Appeals of Maryland recently issued an opinion regarding a negligence action brought by the mother of a deceased minor against a host who allowed minors to consume alcohol at her home. The circuit court granted the defendant-host’s motion to dismiss the negligence claim, holding that no…
The Maryland Court of Special Appeals released an opinion in the case of Cash & Carry Am., Inc. v. Roof Solutions, Inc., 117 A.3d 52 (2015), providing a detailed explanation of the duty of care in a negligence action. The plaintiff in the case brought a negligence action against a…