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Case #


Case Name


Counsel for Appellant Area of Law


Judgment


Judge Jurisdiction


381-00043-05 Erie Insurance Exchange Edward J. Brown Mason/ v. Maryland Automobile Insurance Declaratory Montgomery Insurance Fund


County Issues


In a case where Erie Insurance and MAIF are disputing ownership of the vehicle, and there- fore, coverage, did the Circuit Court err in finding that the issue of whether the vehicle was “acquired” by the MAIF insured would be re- solved in the tort suit? And, did the Circuit Court err in assuming that Erie Insurance would be able to intervene in the Tort suit under Allstate v. Atwood?


382-0013-05 Weston Builders and Melvin J. Sykes Developers, Inc. v.


Henderson/ (410) 727-3078


Nick McBerry, LLC Commercial Litigation/ Accord and Satisfaction


Charles County


Was the trial court correct in finding an accord and satisfaction as a matter of law where a con- tract was declared terminated by the seller? The buyer’s deposit and advances were returned to the buyer and accepted by the buyer, but the funds were placed in escrow with the buyer’s attorney, and suit was filed disputing the termi- nation. In this case, the seller also advised the buyer that seller expressed and reserved all of its rights and remedies under the contract.


383-2399 & Wilburn v. State of Matt Paavola 2489-04


(Consolidated) National Wide Mutual Insurance Company


Maryland, et al. and (410) 574-8000 Cox/Burns/


Levitz/Cavanaugh/ Baltimore County


Experienced.


Providing Services to the Legal Profession and Their Clients


Credible. Responsive.


• DAMAGES • BUSINESS VALUATIONS • FORENSIC ACCOUNTING • LAW FIRM MANAGEMENT


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Should the State of Maryland be precluded from denying its self-insured motor vehicle liability coverage to an accident caused by the negligence of a state employee driving a state-owned mo- tor vehicle simply because that employee may have strayed beyond the scope of his employ- ment? Further, the case asks whether Nationwide Mutual Insurance Company should be precluded from disclaiming coverage under a policy of Motor Vehicle Liability Insurance to an accident caused by the negligence of its named insured because its named insured was driving an motor vehicle owned by his employer, espe- cially when the employer has successfully denied coverage for the same accident. Finally, among other issues, the case asks whether the exclusion in Nationwide Mutual Insurance Company’s Motor Vehicle Liability Insurance Policy is void because it is contrary to Maryland Law and/or Maryland Public Policy.


(Continued on page 48)


Baltimore, MD 410-727-5735 www.etnet.com 46


Washington, D.C. 202-638-0902 Frederick, MD 301-696-1926


Trial Reporter Fall 2005


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