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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.
read more »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.
read more »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.
read more »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.
read more »Past Articles
The Maryland Court of Special Appeals provides helpful guidelines to homeowners and HOAs in addressing…
read more »In June, the Securities and Exchange Commission (“SEC”) adopted a new regulation, Regulation…
read more »The National Association of Insurance Commissioners recommended that states pass the Insurance Data…
read more »On June 5, 2019, the Securities and Exchange Commission (SEC) approved the Regulation Best Interest,…
read more »Representation and Warranties policies (R&W policies) insure representations made by a Seller…
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