Posted On: January 16, 2007 by Ronald V. Miller, Jr.

New Maryland Court of Appeals Opinion on Uninsured Motorist/Resident Relative

The Maryland Court of Appeals affirmed today Munday v. Erie, an uninsured motorist case involving a twenty year-old Prince George's County man who had been living with his grandmother in Waldorf, Maryland (Charles County) for almost a year. The Maryland Court of Special Appeals found that he was not a resident relative of his parents who lived in Lusby, Maryland. The Plaintiff's Maryland personal injury lawyer had sought a finding that his parents' uninsured motorist coverage with Erie Insurance could be applied to his auto accident case.

As I wrote last year in analyzing the Maryland Court of Special Appeals opinion, while our auto accident lawyers would certainly prefer a different result, this decision by the Maryland appellate courts is in line with the language of the insurance policy at issue and Maryland law on who is a resident relative.

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