Maryland Accident Lawyer Summary of Schuler v. Erie Insurance Exchange, 81 Md. App. 499 (1990)

In this Montgomery County, Maryland case, a pedestrian was injured in a car accident when he was struck by an uninsured motorist. The pedestrian's car was insured by MAIF. The pedestrian's wife drove a company vehicle with an Erie Insurance Exchange commercial policy, with the employer as the named insured. After the pedestrian was struck by the uninsured car (as he was standing next to his own automobile, a 1983 Camero, at the time of the accident), he sought recovery under the Erie policy as opposed to the MAIF policy because, not surprisingly, the Erie policy had higher limits (20/40 as opposed to 100/300). The pedestrian's accident attorney's claim was denied by Erie and the lawyer brought suit on behalf of the pedestrian. Montgomery County Circuit Court Judge DeLawrence Beardudge entered summary judgment for Erie and the pedestrian's attorney appealed.

pedestrian crossing

The Court of Special Appeals of Maryland affirmed, ruling that under the unambiguous language of the insurance policy, the pedestrian was not covered for UM or PIP benefits because he was not the insured or a relative of the insured (which was his wife's company), and the accident did not occur while he was using his wife's car.

In dicta, the court mused that if both polices were applicable, the pedestrian's personal injury attorney would have the right to chose between the MAIF and the Erie policies. This is probably not so, based on section 19-513 of the Maryland Insurance Code, the policy language and Maryland law covering the coordination of multiple insurance policies.

Information on Erie

More on Uninsured Motorist Coverage

Contact Us For a Free Consultation

If you are hurt in a serious accident or are the victim of medical malpractice, contact our team of lawyers to discuss your case.
Call us now for help at (800) 553-8082

You can also get a FREE no obligation on-line consultation.

Client Reviews

  • They quite literally worked as hard as if not harder than the doctors to save our lives.
    ★★★★★
  • Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for.
    ★★★★★
  • Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone!
    ★★★★★
  • The last case I referred to them settled for $1.2 million.
    ★★★★★
  • I am so grateful that I was lucky to pick Miller & Zois.
    ★★★★★
  • The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable.
    ★★★★★
  • The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement.
    ★★★★★
  • Miller and Zois is the best firm in the state of Maryland, and without their support, understanding, and just being there when I needed encouragement, I truly do not know how I would have succeeded without them.
    ★★★★★

Contact Us

Free Consultation (800) 553-8082 Call 24/7