There is a very specific statutory scheme to govern uninsured motorist cases in Maryland. Still, there are a lot of gray areas open to interpretation. Maryland appellate courts have had a lot of opportunities to interpret our uninsured motorist laws to give attorneys guidance on how this statute requires. Below is a list of key Maryland uninsured motorist cases:
- Buckley v. Brethern Mutual Insurance Company, 437 Md. 332, 86 A.3d 665 (2013): Release executed by victim did not prejudice her uninsured motorist claim against her own insurance company. Miller & Zois handled this case. You can read more about it here.
- Mundey v. Erie Insurance, 396 Md. 656, 914 A.2d 1167 (2007) Plaintiff left his parents home in Lusby and moved to Waldorf. Almost a year later, he was injured in a car crash. He tried to get coverage under his parents' policy with Erie. The court rejected his claim that his parents' uninsured motorist coverage would apply because he intended to return home at some point in the future.
- Bushey v. Northern Assurance., 362 Md. 626, 766 A.2d 598 (2001): In a Charles County wrongful death case involving the tragic deaths of two high school sisters, the Court found the vehicle's $1,000,000 UM policy should cover family members of a named insured as an unincorporated entity.
- Gorham v. Guidant Mutual Insurance, 80 F.Supp.2d 540, 546 (D.Md. 2000): Federal court opinion that found that “in process of getting in a church van" is tantamount to "occupying" the vehicle for the purpose of UM coverage
- Forbes v. Harleysville Mutual Insurance., 322 Md. 689, 589 A.2d 944 (1991): In this Anne Arundel County fatal car accident case, the court adopted the "totality of the circumstances" to determine residency in Maryland uninsured motorists cases. The court also found Maryland uninsured motorist statute applies to wrongful death claims
- Schuler v. Erie Insurance Exchange, 81 Md. App. 499, 568 A.2d 873 (1990). In this Montgomery County pedestrian collision case, the court shot down a victim's effort to get UM coverage from his wife's commercial policy as opposed to his own coverage with MAIF. But, the court finds in dicta that a permissive user pedestrian should be covered even if they are not in the vehicle at the time of the collision. You can read more about this case here.
If you want to discuss your potential Maryland uninsured motorist claim with an experienced accident lawyer, call 800-553-8082 or get a free uninsured motorist internet consultation.Maryland Uninsured Motorist Law
Our website is loaded with important information you can use regarding first party uninsured motorist claims in Maryland. Here are some of the key pages you might find of interest:
- Get a full overview of uninsured and underinsured motorist coverage in Maryland
- Video that provides overview of uninsured motorist coverage in our state
- The statute: Section 19-509 which is the primary law that governs Maryland law. This section rewrites many insurance contracts so there are some provisions of your insurance policy that might not be enforceable against you
- Maryland defines uninsured so liberally that it might include you even if that does not seem possible
- Ask a lawyer: answers to your UM questions
- Single Vehicle Crashes
- Hit-and-Run and Phantom Vehicle Crashes: Maryland law is favorable to victims