Spring 2023
Calculating the Maximum Recovery of Uninsured/Underinsured Motorist Benefits in Maryland
By Jennifer A. King
A person injured in an automobile accident is entitled to recover compensatory damages from the at-fault driver, also known as, the tortfeasor. Compensatory damages generally include the cost of the injured person’s medical treatment as well as pain and suffering. In some cases, however, the tortfeasor has no insurance at…
Recent Developments - Maryland
Defendants Not Liable in Warehouse Shooting
On September 20, 2018 Snochia Moseley entered the Rite Aid warehouse facility in Aberdeen, Maryland with a gun and shot and killed three people and wounded three others. Moseley was employed by Abacus Corporation, a contractor performing work at the Rite Aid facility. Plaintiffs Haissaun Mitchell, Shyhem Mitchell, and Michael…
Maryland Appellate Court Grapples With Equitable Contribution Among Insurers
In 2006, the owner of an apartment complex sued a general contractor alleging construction defects. The general contractor was a named insured under an insurance policy issued by Nationwide and was an additional insured under twelve policies obtained by subcontractors. Nationwide ultimately paid about $1 million in defense costs before…
Recent Developments - Virginia
Substantial Revisions to Uninsured Motorist Coverage in Virginia
Virginia’s uninsured motorist statute (Section 38.2-2206 of the Insurance Article) has been substantially revised. The changes are effective for policies sold, issued, or delivered after July 1, 2023. First, an under-insured motorist carrier can no longer obtain a credit against its policy for any payments made by a torfeasor’s liability…
The Court of Appeals Clarifies What Constitutes First Party Claims
In the case of United Services Automobile Association v. Estep the Court of Appeals upheld what may be considered a circuit court’s expansion of the situations where medical payment benefits may be available. Mr. Estep was struck by a luggage cart as he was loading his luggage into the rear…
Recent Developments - District of Columbia
Timeliness and Effective Service Under the Federal Tort Claims Act (FTCA)
Johnston v U.S.A, et al. deals with a negligence suit against the federal government arising from an accident involving a vehicle operated by a federal employee. 2022 U.S. Dist. LEXIS 193377. Plaintiff initially sued the federal employee in his personal capacity in the D.C. Superior Court and served the employee…
About the Firm
About the Firm
DeCaro Doran is extremely pleased to announce that Andrew B. Greenspan has joined the firm as Of Counsel. Drew is a 1982 Graduate of the University of Dallas, and he completed his legal studies in 1985 at the University of Maryland School of Law. He subsequently served as law clerk…