Impact of PA Supreme Court’s Decision Regarding Stacking of UM/UIM Coverage has Become Much Broader

• Related Attorney(s):
• Christopher D. Wolf

• Practice Area(s):
• Insurance Law, 
• Commercial Litigation, 
• Property Insurance Law

The Pennsylvania Supreme Court struck down the household vehicle exclusion holding that it violated the Motor Vehicle Financial Responsibility Law (“MVFRL”) in Gallagher v. GEICO Indemnity Company.  Following the ruling in Gallagher, several class action lawsuits have been filed on behalf of policyholders who have had their claims for stacking of uninsured or underinsured motorist coverage denied under the household vehicle exclusion. Carriers have been defending those class actions suits arguing that those claims were denied prior to the Supreme Court’s recent decision in Gallagher.  Recently, the U.S. District Court for the Eastern District of Pennsylvania opened the door for even more litigation against carriers by holding that the Supreme Court’s decision in Gallagher could apply retroactively, leaving insurance companies with uncertainty regarding what risks they currently insure, what prior losses they may be liable for, and how to price their policies. 

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The Landlord Need Have No Favorites: Duty to Mitigate in Maryland

• Related Attorney(s):
• Keith O. Hinder, Jr.

• Practice Area(s):
• Commercial Real Estate

The Fourth Circuit Court of Appeals wades into the muddy waters of Maryland’s application of the duty-to-mitigate defense under a commercial lease. 

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Representations & Warranties Policies: A Coverage Primer

• Related Attorney(s):
• Jeffrey A. Wothers

• Practice Area(s):
• Business and Corporate Law, 
• Commercial Litigation, 
• Insurance Law
• , Insurance Coverage

Representation and Warranties policies (R&W policies) insure representations made by a Seller to a Buyer in a merger or acquisition transaction, including those concerning financial statements, taxes, compliance with laws, material contracts, employee-related issues, intellectual property, operations-related issues, litigation, fundamentals, and environmental issues. Becoming common since 2014, with more than 20 insurers currently offering R&W policies, they implicate a variety of coverage issues due to their uniqueness in both the insurance industry and in their reflection of the specific deals for which they are purchased. 

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Reported Data Breaches Involving Maryland Residents on the Rise

• Related Attorney(s):
• Spencer S. Pollock

• Practice Area(s):
• Business and Corporate Law, 
• Commercial Litigation
• , Data Security & Privacy Law

Data breaches continue to occur on a spectrum of small to significant scale that can affect businesses of all sizes. In January alone, the Maryland Attorney General’s “Maryland Information Security Breach Notices” noted ninety-four (94) data breaches involved Maryland residents.

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