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DIEDRA SCHAEFER, ET AL. v. JAMES A. FRANZONI
Business law — Dissolution of LLC — Specific performance Diedra Schaefer, Michael Schaefer, and James A. Franzoni, the owners of two related LLCs, were at loggerheads over how to address a lawsuit alleging that their businesses were unlawfully polluting the soil, groundwater, and surface water. After the parties were unable to agree on an appropriate […]
JAMAAL TAYLOR v. TOKIO MARINE INSURANCE COMPANY, et al.
Insurance law — Uninsured motorist coverage — Breach of contract Jamaal Taylor (“Taylor”) was, on September 8, 2017, stopped in his car at a red light on Orleans Street in Baltimore City when his vehicle was struck in the rear by a car driven by Nistarsha Andrea McCoy (“McCoy”). At the time of the accident, […]
JERMAINE GOODWYN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurance law — Benefits payable — Definition Section 19-513(e) of the Insurance Article (Repl. 2017; Supp. 2019) requires that the “benefits payable” under underinsured motorist coverage be reduced to the extent that the insured has recovered related, unreimbursed workers’ compensation benefits.1 The appellant, Jermaine Goodwyn, contends that the appellee, State Farm Mutual Auto[...]
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY V. TAJAH JEFFERS ET AL.
Insurance law — Duty to indemnify — Continuous bodily injury This case involves two issues of insurance coverage that have arisen in the context of judgments for lead poisoning. The first issue concerns the extent of an insurer’s duty to indemnify its insured for damages for continuous bodily injury that occurred before, during, and after […]
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. THE FUND FOR ANIMALS, INC.
Insurance law — Indemnity coverage — Out-of-court settlement This insurance coverage dispute has been in litigation for over seven years and is before this Court for the second time. In the first appeal, we held that as a matter of law, based on evidence adduced at trial in the Circuit Court for Montgomery County, National […]
LISA JEAN HOFFMAN v. GENE HOFFMAN, JR. ET AL
Insurance law — Claims — Unjust enrichment Appellant, Lisa Hoffman (“Ms. Hoffman”), complains principally that the Circuit Court for Carroll County erred in determining that Ms. Hoffman was enriched unjustly, to the detriment of Appellee, Gene Hoffman Jr. (“Hoffman, Jr.”), her brother. The court found that Ms. Hoffman received an insurance check as the result […]
MARYLAND HEALTHCARE CLINICS v. MARYLAND AUTO INSURANCE FUND
Insurance law — Maryland Automobile Insurance Fund — Bad faith In 2016, Maryland Healthcare Clinics (“MHCC”), appellant, treated twenty-one patients (“Patients”) for injuries that they sustained in car accidents. All of the Patients had personal injury coverage with Maryland Automobile Insurance Fund (“MAIF”), appellee. After MAIF failed to pay MHCC for treatment of the Pat[...]
ROSEN-HOFFBERG REHABILITATION AND PAIN MANAGEMENT ASSOCIATES, P.A., et al. v. MEDICAL MUTUAL LIABILITY INSURANCE SOCIETY OF MARYLAND
Insurance law — Policy provisions — Duty to defend On January 31, 2018, the Mayor and City Council of Baltimore (“the City”) filed a claim in the Circuit Court for Baltimore City (“Baltimore City lawsuit”) against 21 defendants. The important details concerning the allegations against the defendants in that lawsuit will be discussed infra. Three […]
ANTONIO THOMPSON v. FIRST LIBERTY INSURANCE COMPANY
Insurance law — Car insurance — Medical bills Antonio Thompson, appellant, filed an underinsured motorist claim against his insurance carrier First Liberty Insurance Company (“First Liberty”), appellee, for injuries sustained in a vehicle collision in 2009. During the course of proceedings in this case, he was advised repeatedly to engage counsel, but he has proceeded […]
DEAN BERKHEIMER v. ROBERT J. TEST, et. al.
General business — Stock shares — Competing claims This appeal involves conflicting claims regarding shares of stock in the Annapolitan Care Center, Inc. (the “Annapolitan”). Appellant, Dean Berkheimer, filed the one lawsuit that is the subject of this appeal, but there were other lawsuits, crossclaims and counter-claims relating to multiple transactions concerning the stock. Read [...]
GRACE GAO v. PROGRESSIVE MAX INSURANCE COMPANY
Insurance law — Liability coverage — Attorney’s fees Appellant, Grace Gao, sustained injuries when she was involved in a motor vehicle accident with Shawn Ryan Haas, who was driving a rental car owned by Enterprise RAC Company of Maryland, LLC, on October 24, 2014, in Montgomery County. At the time of the accident, Mr. Haas […]
DEAN BERKHEIMER v. ROBERT J. TEST, et. al.
Business law — Shares of stock — Valid security interest This appeal involves conflicting claims regarding shares of stock in the Annapolitan Care Center, Inc. (the “Annapolitan”). Appellant, Dean Berkheimer, filed the one lawsuit that is the subject of this appeal, but there were other lawsuits, cross-claims and counter-claims relating to multiple transactions concerning the [&h[...]
