Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

June 2013 Archives

Delay in Requesting Arbitration By Contract Assignee Was Not A Waiver

Car with down red arrow.jpgA Maryland woman's claim that she returned a used car to a Rockville, Md. car dealership because the vehicle was defective is headed to arbitration. Antonia Rota-McLarty purchased an automobile from Eastern Automotive Group in the summer of 2007. She returned the car without having made a payment on the loan. Santander Consumer USA (Santander) sought collection of the outstanding debt after repossessing the vehicle and selling it at a loss.

Decision to Hide Insurer's Participation in Personal Injury Case Reversed by Appeals Court

Urban Accident.jpgA trial judge's decision to exclude any mention of a woman's insurance policy or State Farm as a defendant in an auto accident was recently reversed by Maryland's Court of Special Appeals. The circuit court abused its discretion in excluding evidence of underinsured motorist (UIM) coverage from the jury, the appeals court said. The trial court's decision was not an evidentiary one that constituted mere harmless error, but rather one of basic trial procedure that led to the jury not knowing which party State Farm's attorney represented at trial.

Court Upholds Insurer's Refusal to Pay Claim Under Umbrella Policy after Auto Accident

Claim Form.jpgThe state's top court has upheld an insurer's refusal to pay out on a claim under an umbrella policy made by a Maryland woman after her husband was killed in an auto accident. The Court of Appeals held that an umbrella policy does not fit within the definition of "private passenger motor vehicle liability insurance" contained in Section 19-504.1 of the state's laws on insurance.

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