Winter 2015 Newsletter

By Mark A. Kohl

Maryland’s Motor Vehicle Financial Responsibility Act provides for minimum limits of $15,000 for third-party property damage and $30,000 (per person)/$60,000 (per occurrence) for liability coverage. Maryland, Transportation Code, §17-103(b).  These limits clearly apply when a policy is sold, issued, or delivered in Maryland. Maryland Code, Insurance, §19-504. However, the available minimum limits may be lower when a policy is issued, sold, and delivered in another state with lesser required security. Two factors will determine whether the lesser limits of a foreign policy will “deem up” to Maryland’s limits: the language of the foreign policy itself and whether the insurer is authorized to issue policies in Maryland as well as the foreign jurisdiction. Read more...
Recent Developments - Maryland
The qualifications for expert testimony must be set forth before such testimony can be provided to the jury.
Evidence of lack of insurance is not admissible to prove a claim of negligent hiring, as it was not the proximate cause of the incident.
A judgement is not final for appeal purposes until set forth on a separate document and entered on the docket.
Recent Developments - Virginia
An expert's testimony must be based on the proper foundation and mere assumptions are not enough.
Informed consent is not a defense against a claim of dental negligence.
A social host does not breach the duty of care in allowing a minor to participate in a dangerous activity if the minor’s parent is present, supervising the activity, and the potential danger is open and obvious. 
Recent Developments - District of Columbia
Expert testimony required in standard of care cases involving issues of safety, security and crime prevention, which is beyond the knowledge of the average layperson.
Expert testimony in common carrier cases.
Did You Know...
The roll out of electronic filing (MDEC) in Anne Arundel County.
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About the Firm
The Partnership is pleased to announce that James S. Liskow is the newest partner at DeCaro, Doran, Siciliano, Gallagher & DeBlasis.
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