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 …

Big Tobacco Cases Continue

For many years now the Courts have grappled with suits brought against the manufacturers, and sellers, of tobacco products. The State of Maryland along with the other states some years ago entered into a settlement with a number of tobacco companies, on its claim for reimbursement for Medicaid benefits paid to those who became ill or died from tobacco use. …

Class Actions in Maryland

Many of us have received official looking legal documents notifying us that because we own a small amount of stock in a company, we may be entitled receive a small amount of money as part of a settlement of a law suit. Often we have no idea what the case is about, or even why we are getting the notice. …

Complying With Lead Paint Laws

Last year Governor Ehrlich proposed additional funding to address a problem that persists, particularly in low cost rental housing in the State, of children being exposed to lead paint. Maryland adopted a Lead Poisoning Prevention Program in 1994, and has a detailed set of laws designed to address the issue of lead paint. It includes in Title 6 of the …