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Articles Posted in Insurance Disagreement

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Business Use Exceptions in Auto Liability Policies Under Maryland Law Reviewed by Federal Appellate Court: Forkwar v. Empire Fire and Marine Ins. Co.

After obtaining a verdict in a car accident lawsuit, the plaintiff sought to enforce the judgment against the defendant’s insurer. The insurance company successfully argued that the “business use” exception barred coverage of the plaintiff’s claim, as the defendant was operating his vehicle in the course of his work at…

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Denial of Death Benefits Upheld by Court Because Decedent’s Intoxicated State Excluded Him from Coverage: Fitzgerald v. Colonial Life & Accident Ins. Co.

The wife of a man who fell off a pier and drowned filed suit against an insurance company after it refused coverage for accidental death and dismemberment benefits. The insurance company cited an exclusion for accidents involving a presumption of the influence of alcohol. A federal judge ruled in Fitzgerald…

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Maryland Court of Appeals Affirms Judgment Giving State Jurisdiction Over Football Player’s Workers’ Compensation Claim

In a suit brought by a professional football team and its insurer challenging a decision by the Maryland Workers’ Compensation Commission (the “Commission”), the Maryland Court of Appeals has ruled in favor of a former football player who sustained career-ending injuries during a game. The court ruled in Pro-Football, Inc.…

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Maryland Appeals Court Rules on Issue Preclusion and Contributory Negligence in Auto Accident Case

An interesting decision by the Maryland Court of Special Appeals addressed the applicability of an out-of-state jury verdict in a Maryland lawsuit concerning issue preclusion. In Bryan v. State Farm Mutual Automobile Insurance Co., the court found that a New York verdict finding a driver negligent precluded the driver from…

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Fourth Circuit Apportions Damages Pro Rata in Maryland Lead Poisoning Case

A Baltimore girl’s $2 million jury verdict for toxic exposure to lead paint suffered a setback last month, when the Fourth Circuit Court of Appeals ruled that the insurance company for the realty company that owned the house where she lived would only be obligated to pay forty percent of…

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Paralyzed Construction Worker Receives One of the Largest Workers’ Compensation Settlements in History After a Long Fight

A former Pennsylvania road worker who was paralyzed by a drunk driver as he directed traffic has reached a workers’ compensation settlement agreement for $3 million. This is believed to be one of the largest settlements in the U.S. In getting to this point, he has also gone through a…

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Maryland Says Allstate Must Repay $17.5 Million To More Than 20,000 Auto Insurance Policy Holders

The state of Maryland says that insurance company Allstate must refund $17.5 million to more 20,000 auto insurance policy holders. According to the Maryland Insurance Commissioner’s office, the administration had received numerous complaints after the property and casualty insurer had sent premium increase notices to policyholders between January 2003 and…

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