agreed, however, whether the bill could be protected from “killer” amendments once it reached the floor. In the end, the bill was withdrawn in the House without a committee vote. The Senate Judicial Proceedings Committee took no vote on the measure.
Actions Against First Party Insurers
HB 425 and SB 389 – Civil Actions – Failure to Act in Good Faith The passage of this provision, as one
long time staff member of the General Assembly noted, may be the biggest con- sumer enactment in 50 years. Under the bills as enacted, a party may bring an action for an insurer’s lack of good faith in denying the insured’s claim under the policy. With the exceptions of small claims matters and commercial claims of $1,000,000 or more, the action must be initially brought before the Maryland Insurance Administration (MIA). The MIA must render a decision within 90 days, and a failure to make a decision shall be deemed to be a finding of good
faith. After 30 days, if the claimant does not seek review before an administrative law judge, the action may be brought in circuit court by a de novo trial with a right to a trial by jury. A successful claimant may recover his or her actual damages - not to exceed the amount of coverage, reasonable attorneys’ fees up to 1/3 of the damages, plus actual litigation costs. SB 389 was signed by the Governor on April 24, 2007, and becomes effective October 1, 2007.
Auto and Other Negligence Actions
HB 387 and SB 368 – Torts – Release of Claim for Damages – Voidable This proposal was introduced to curb
predatory insurance practices of offering quick settlements, before the parties have a chance to speak to a lawyer. Under cur- rent law, a release executed five days after an occurrence is binding, and it cannot be voided just because the full nature of the victim’s injuries took longer than five days to manifest. Under these two bills a release executed by an unrepresented
claimant within 30 days of an accident may be voided within 60 days, in writing, as long as any monies received as a result of the release are refunded. This law was signed by the governor on April 24, 2007 and becomes effective October 1, 2007.
HB 496 – Courts – Service of Process – Motor Vehicle Administration as Agent for Nonresident Driver Thanks to the relentless efforts of Eric
Schloss, this proposal passed the House of Delegates for the third year in a row, only to receive an unfavorable report from the Senate Judicial Proceedings Committee. The bill would have allowed service of process on out of state drivers by serving the Maryland Motor Vehicle Administration. The opposition to the bill came primarily from the MVA. Our efforts to see this law passed will con- tinue next year.
Medical Malpractice Initiatives
HB 495 and SB 642 – Action or Claim for Medical Injury – Attesting Experts
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Trial Reporter
Summer 2007
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