Articles

Our lawyers are thinkers as well as doers—and have published numerous informative and insightful articles on topics related to their respective practices and our clients’ industries. Read what our people have to say about what’s important to you.

Articles

Recent Articles

Filing a National Flood Insurance Claim in State Court is No Better Than Filing it in the Kitchen Drawer

In Woodson v. Allstate Ins. Co., the United States Court of Appeals for the Fourth Circuit recently opined that a Claimant’s action was time-barred when he filed a breach of contract and bad faith action in state court within one day of the applicable statute of limitations, notwithstanding a federal statute that required all claims made under their policy to be filed in a federal district court.  The Court concluded that the federal authority governing the National Flood Insurance Program (“NFIP”) preempts state law, but it left open the question as to whether the NIFP preempts all state authorities within its scope or merely conflicting state authorities. In the wake of Woodson, insurers and underwriters would be prudent to carefully assess the interplay between federal and state statutes and regulations as the governing authority of their policies.

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Condominiums May Not Opt Out Of Maryland's Mandatory Insurance Provisions

Under Section 11-114 of the Maryland Condominium Act, Condominium Associations must maintain property insurance on the entire condominium including units, excepting improvements and betterments installed by the Unit Owner. Condominiums may not opt out of Maryland's Mandatory Insurance Coverage provisions, and any changes in statue requirements must be amended by the Legislature, arguments published in a recent court opinion following a declaratory judgment action in Elasik, et al. v. Queen's Landing Council of Unit Owners, Inc.

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MIA Says Price Optimization Violates Statute; Opportunity for Regulatory Challenge Arrives in 2015

The Maryland Insurance Administration is the first regulatory agency in the country to come out with a clear position on price optimization, issuing Bulletin 14-23 that states that the practice violates § 27-212(e)(1) of the Insurance Article. It calls for any insurer using price optimization to file a corrective action plan by January 1, 2015 and concludes by stating that, “Failure to submit a corrective action plan and to re-file rates/rules that are compliant with Maryland law may result in administrative action.” 

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The Broad Evidence Rule

A review of the Maryland and Virginia cases adopting this rule as well as an analysis of the factors to be considered in arriving at actual cash value.

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Past Articles

Regulation Best Interest: Higher Standards for Broker-Dealers, Strengthened Protections for Investor

On June 5, 2019, the U.S. Securities and Exchange Commission (“SEC”) approved a new regulation…

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When “Going Green” Isn’t Attractive – MD Court of Special Appeals Determines HOA Architectural Commi

The Maryland Court of Special Appeals provides helpful guidelines to homeowners and HOAs in addressing…

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Regulation Best Interest: Higher Standards for Broker-Dealers, Strengthened Protections for Clients

In June, the Securities and Exchange Commission (“SEC”) adopted a new regulation, Regulation…

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The Requirements and Impact of the Insurance Data Security Model Law

The National Association of Insurance Commissioners recommended that states pass the Insurance Data…

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SEC Imposes New Requirements for Brokers and Advisers in Adoption of Regulation Best Interest

On June 5, 2019, the Securities and Exchange Commission (SEC) approved the Regulation Best Interest,…

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