Posted On: April 12, 2007 by Ronald V. Miller, Jr.

Maryland Personal Injury Lawyer Blog Returns

The Maryland Personal Injury Lawyer Blog took an unscheduled vacation as we ramp up for two mediations later this month and I also had a trial in Baltimore City earlier this week. Ironically, given this blog's recent obsession with first party bad faith in Maryland, the trial was an uninsured motorist auto accident case with first party bad faith implications. Classic scenario: $20,000 Maryland Automobile Insurance Fund (MAIF) underlying policy with a $100,000 in uninsured motorist coverage with USAA. MAIF did what they usually do: spend a bunch of money wasting time and defending the case but, in the end, putting up their policy. USAA offered an additional $17,000, arguing that our client's injuries were merely "soft tissue" in spite of the fact that it was obvious the woman suffered from a permanent injury. It was an easy call for USAA who knew, regardless of its obligation to its insured, that the maximum recovery was $100,000 ($80,000 of which they would have to pay). A Baltimore City jury awarded exactly $200,000 which was reduced to $100,000.

The Maryland Daily Record wrote a good article on the new first party bad faith law, using my jury verdict as an example. You can find it here.

Thanks for the emails wondering where I have been. I'm back and the Maryland Personal Injury Lawyer Blog will have a new post tomorrow.

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Comments

Great verdict, Ron. It is a shame you cannot collect the entire amount.

It seems to me that first party bad faith is really just a attorneys fees statute in Maryland. Which I guess is better than nothing but it is still not going to make these insurance companies do the right thing.

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