2019 Maryland Court of Special Appeals decision reaffirms liberally construed insurer’s contractual duty to defend in Selective Way v. Nationwide; additional insured endorsements reinforce broad form indemnification provisions

The Maryland Court of Special Appeals recently came out with a decision regarding the tender of defense and indemnification of additional insureds in the context of construction defects litigation.  The opinion covers several issues that often arise during the course of a construction defects claim, including apportionability, scope of coverage, and subrogation rights. See Selective Way Insurance Co. v. Nationwide …

Still No Dram Shop Liability in Maryland

The Maryland Court of Appeals recently declined to impose dram shop liability for Maryland restaurants and tavern owners in the case of Warr v. JMGM Group, LLC.    The case was handled and argued by McCarthy Wilson partner Bob Hetherington, who successfully obtained summary judgment on behalf of the defendant restaurant after it was sued under a theory of dram shop liability …

Contributory Negligence Remains a Complete Bar to Recovery in Negligence Actions

In Coleman v. Soccer Association of Columbia, the Maryland Court of Appeals was recently presented with the issue of whether it should abrogate the doctrine of contributory negligence and adopt comparative negligence, which is followed by the majority of other states.  In declining to adopt comparative negligence, the Court noted that since it was last presented with and considered the issue …

New Rule Regarding Ad Damnum Clauses in Complaints

Rule 2-305 of the Maryland Rules of Civil Procedure was recently amended to prohibit a party from praying for a specific amount of money damages in excess of $75,000.00.  For claims less than $75,000.00, a party is required to plead a specific dollar amount.   The $75,000.00 figure was used in the rule since it is the minimum amount required to …