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September Insurance Insights

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 New case law, analysis, trends and news for those in the liability, risk management and insurance industry 
  Volume 3  |  September 2017

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain uninsured motorist coverage (“UM Coverage”). Since then, Maryland has steadily increased the scope of this requirement. In a recent expansion of this coverage, the General Assembly passed Senate Bill 403 in April of 2017, authorizing a new “enhanced underinsured motorist” coverage (“Enhanced UM Coverage”). The new statute, codified as Md. Code, Ins. § 19-509.1 (West 2017), redefines an “Underinsured Motor Vehicle” to include a vehicle “that has liability coverage in amount less than, more than or equal to the uninsured motorist coverage provided under the insured party’s” policy. Md. Code, Ins. § 19-509.1(A). As such, the new statute, effective on October 1, 2017, will have a significant impact on consumers, producers, and insurance companies.  

Click here for More Legislation Updates

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland 

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In light of the recent case of Gioioso, v. Thoroughgood’s Transport LLC, 2017 WL 3726028, claims investigations may have to be revealed unless the appropriate foundational basis for claiming the privilege is documented.  Read More

 
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Blunt Talk about Cannabis and Insurance 

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles regarding cannabis. My clients are starting to ask me about coverage and employment issues regarding joints, pot plants, and cannabis candies.   Read More

PK Law Attorney Kayleigh Keilty Receives VIP Award 

PK Law Business Litigation and Insurance Attorney, Kayleigh Keilty received her VIP award at the Daily Record ceremony last evening. Read More

   

PK Law’s 2018 Best Lawyers in America 

Congratulations to PK Law Members Steven A. Allen and Patricia McHugh Lambert for being named to the Best Lawyers in America 2018 list. Mr. Allen was identified in the practice areas of Commercial Litigation, Criminal Defense: General Practice and Criminal Defense: White-Collar and has been listed since 2007. Ms. Lambert was identified in the practice area of Insurance and has been listed since 2006.  Read More

Coming in the next issue:

The October PK Law Insurance Insights will focus on new rules impacting civil litigation in Maryland and offer tips on drafting releases. 

About PK Law’s Insurance Group

PK Law’s Insurance Group is comprised of a deep bench of attorneys with an extensive range and level of experience in the insurance industry. Lead by Members Patricia McHugh Lambert and Joan Cerniglia-Lowensen, the Group is supported by Members, Steve Allen, Barry Bach, Robert Campbell and James Benjamin and Associates Kambon Williams, Talley H-S Kovacs, Aidan Smith, Kayleigh Toth-Keilty, Anna Sholl, Jennifer Harris and Jennifer Ciarrocchi. All members of the Group receive mentoring and are trained to apply the techniques and analysis that the Group’s senior attorneys use including project management, identification of the stages and how to accurately evaluate a case.

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