Fall 2017
To Enforce a “Battery” Exclusion, An Insurer Must Prove Intent
By Erin H. Cancienne
Recently, the Court of Special Appeals in White Pine Insurance Company v. Howard R. Taylor detailed who has the burden to prove coverage existed and whether the settlement agreement was reasonable. Plaintiff, Taylor, was shot by an unknown shooter as he left the West End Pub in Hagerstown. The triggerman was never…
Recent Developments - Maryland
Maryland Court of Special Appeals Application of the Common Law “Discovery Rule” to Revive Plaintiff’s Time-Barred Medical Malpractice Suit: Sigethy v. Klepper, et al.
Deborah Sigethy (“Plaintiff”) brought a medical malpractice suit against Defendant doctor alleging negligence and failure to obtain informed consent after Defendant performed a hip-replacement surgery on Plaintiff in 2010. The Plaintiff complained of worsening pain after the procedure and on December 6, 2010, sought a second opinion, which recommended revision…
Exceptions to Shortening the Statute of Limitations by Contract
In the case of Ceccone v. Carroll Home Services LLC, Plaintiffs Richard and Daphne Ceccone (“Plaintiffs”) filed a tort and contract claim against Defendant Carroll Home Services, LLC (“CHS”). CHS provided oil and maintenance services to the Plaintiffs’ furnace. An incident arose with the furnace which caused damage to the Plaintiffs’…
Motor Vehicle Liability Insurance – Enhanced Underinsured Motorist Coverage
The new coverage offering stems from House Bill 5/Senate Bill 403, which was passed this 437th legislative session. This legislation creates an “enhanced” underinsured motorist coverage under which UIM coverage for an injured party would be added together or “stacked” with the available bodily injury insurance of the at-fault driver,…
Recent Developments - Virginia
Pro Se Plaintiff and Frivolous lawsuits
Since 2009, Dora Adkins, acting pro se, has filed at least 41 lawsuits in Virginia trial courts, 27 petitions for appeal with the Virginia Supreme Court, and 21 petitions for rehearing. All were frivolous. After she filed a recent request for rehearing, the Virginia Supreme Court issued an injunction against…
Bad Faith Claims Against UM Carriers
The question before the court was when an insured can maintain a bad faith claim against a motor vehicle insurance carrier for refusing to settle an uninsured motorist (UM) claim. The Virginia Supreme Court recently held that the injured insured must first obtain a judgment against the negligent uninsured driver…
Insurer Has No Duty to Protect a Treating Physician’s Assigned Interest in Settlement Proceeds
In Erie v. McKinley, a chiropractor rendered treatment to a patient who had been injured in a motor vehicle accident. To pay for the services provided, the patient assigned to the chiropractor her rights to insurance and/or litigation proceeds she might be entitled to receive as a result of the accident. …
Recent Developments - District of Columbia
Intentional Infliction of Emotional Distress: Mann v. Bahi
Plaintiffs, an elderly couple, brought suit alleging intentional and unintentional tort claims against nurses and their corporate employer, arising out of allegations of theft of certain personal property belonging to the plaintiffs.One of the nurses moved to dismiss the intentional infliction of emotional distress claim and argued that the plaintiffs…
Oral Agreement and the Statute of Frauds: Bonfire LLC v. Zacharia
Plaintiff, Bonfire, LLC, brought a breach of contract action against defendants, Michael R. Zacharia and 1132 19th Street NW, LLC, arising out of a 2014 lease agreement in which Bonfire agreed to rent property located in the District of Columbia in order to operate a restaurant. Plaintiff alleges that the defendants…