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JAMES T. SCHIFFLER v. ERIE INSURANCE EXCHANGE, TYLER A. FURMAN v. ERIE INSURANCE EXCHANGE

Insurance law — Underinsured motorist coverage — Exclusions

In these two cases, consolidated for appellate purposes, we review whether Erie Insurance Exchange (“Erie”), appellee in both appeals, properly denied claims made by its insureds for underinsured motorist coverage pursuant to motor vehicle insurance policies issued by Erie.

In Appeal No. 1646, appellant James T. Schiffler (“Schiffler”) filed suit against Erie in the Circuit Court for Worcester County, Case No. 23-C-13-0684, seeking underinsured motorist coverage for damages suffered when Schiffler was operating his moped on May 22, 2010.

In Appeal No. 2250, appellant Tyler A. Furman (“Furman”) made a claim upon Erie seeking underinsured motorist coverage for damages suffered when Furman was operating his motor scooter on July 29, 2012. Erie filed a declaratory judgment action against Furman in the Circuit Court for Montgomery County, Case No. 384521V.

In each case, the circuit court granted summary judgment in favor of Erie, ruling that Erie’s policy excluded coverage for the subject accident, and that the policy’s exclusion was authorized by Maryland statute. Schiffler and Furman contend, inter alia, that the circuit courts erred in concluding that Erie’s exclusion of underinsured motorist coverage for their accidents was permitted by Maryland Code, (1996, 2011 Repl. Vol.), Insurance Article (“Insurance”), § 19-509(f).

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