Work-related hearing loss: Entitlement to benefits clarified by the Court in Montgomery County, Maryland v. Cochran & Bowen

One of the most pervasive, yet under-claimed, workplace injuries is hearing loss. Heavy machinery, power tools, lawn equipment, engines, and sirens all have the potential to cause hearing loss with prolonged use or exposure. Police, firefighters, machinists, lawn care workers, and factory workers are all exposed to noise hazards yet we see relatively few hearing loss claims. Hearing loss is …

Montgomery County, Md. v. Complete Lawn Care, Inc.: Decision gives local advocacy groups and legislatures hope in the battle against Maryland State law preemption.

On May 2, 2019, The Maryland Court of Special Appeals, in a written opinion, upheld the validity of a local ordinance, which was previously declared preempted by State law in a lower court. In cases past, local communities hoping to improve the health and welfare of its citizens through local ordinances have been thwarted by the implied preemption by State …

Selective Way v. Nationwide: Decision of Maryland Court of Special Appeals reaffirms liberally construed insurer’s contractual duty to defend; 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 …