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Maryland Insurance Defense Questions & Answers
1 Answer | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Maryland on
Q: My father passed recently. He named me, his daughter, as beneficiary for his life insurance policy back in 2014.

He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 1, 2022

I am sorry to hear of the recent loss of your father.

The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life...
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1 Answer | Asked in Insurance Defense for Maryland on
Q: My fiance hit an illegally parked/disabled vehicle which was not marked in any way as disabled. Is it 100% his fault?

My fiance was traveling down a busy 4 lane (2 each way) street. He rear-ended a disabled vehicle which was illegally parked on the street, fully blocking the right lane. The vehicle didn't display any hazard lights, flares, red flags, etc, despite having been in that location for 5 hours. Is... Read more »

Scott Scherr
Scott Scherr answered on Nov 23, 2021

The insurance companies will sort out who is at fault. Maryland is a contributory negligence state which means that if both parties are at fault, neither party can recover from the other.

Based upon your description of the facts, there is no question that your fiance was negligent. The...
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1 Answer | Asked in Insurance Defense, Employment Law and Real Estate Law for Maryland on
Q: My car was broken into in front of my employer property while i was at work. Can i sue to force their insurance to pay?

My car was parked on the street, directly across from the University of Maryland capital region hospital in Largo, MD. I was on orientation and told to find a park on premises until i was given access to the lot. The thief stole over 3k worth of stuff that i had in two bags. The big ticket items... Read more »

Mark Oakley
Mark Oakley answered on Nov 19, 2021

File your claim under your comprehensive auto insurance coverage, which covers such things as losses resulting from criminal acts. You're wasting your time trying to prove liability against the owner of the location where your car was parked. They owe you no special duty to prevent criminals... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: i rear ended someone in MD and i was uninsured back in oct/2020 and the insurance company is trying to subrogate

the insurance company is trying to subrogate against me for almost 20k and are not willing to work out payment plans under $900+ per month, which i’m unable to afford. Also, the other driver was my neighbor at the time and he only had his bumper and tailgate replaced as a result of the accident,... Read more »

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Bankruptcy. Talk to a bankruptcy attorney. You may qualify for a full discharge under Chapter 7 or a 3-5 year payment plan for a portion of the debt with small payments under a Chapter 13, and then discharge the balance. If the insurance company hasn't obtained a court judgment against you... Read more »

1 Answer | Asked in Insurance Defense for Maryland on
Q: Hello I was recently arrested on a bench warrant for a failure to appear for a court case. My fiancee and myself

were codefendents. The officers claim they happen to see my wife at a convenience store and issued a car stop and arrested her for the warrant. The store is the opposite way of the precinct and they proceeded to drive to my house to serve the bench warrant for me. They took my fiancee back to our... Read more »

Scott Scherr
Scott Scherr answered on Mar 5, 2021

You should retain an attorney to represent you in connection the charges. If you cannot afford private counsel, contact the Public Defender. Your attorney can discuss any possible defenses to the underlying charges.

2 Answers | Asked in Insurance Defense, Personal Injury and Car Accidents for Maryland on
Q: Backing up in Safeway parking lot parkvale md in Baltimore. Is it no fault Insurance or I pay

Was in the public parking lot as I backed out a parking space I hit the side of an on coming car. The question is am I liable to fix the other persons car or is Baltimore me a no fault state if the accident happen on a parking lot of a store

Eric Todd Kirk
Eric Todd Kirk answered on Jan 3, 2021

it's not clear from the context of your question but it certainly could be both. If there were injuries be at fault party's liability insurance would clearly be responsible for any losses, and the no fault carrier would be responsible for any resulting medical bills or lost wages.

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1 Answer | Asked in Banking, Insurance Defense and White Collar Crime for Maryland on
Q: If I have been falsely accused of forging personal checks by a life insurance company what can I do to prove my innocene

If I was made the beneficiary of an anuity and the life insurance company the anuity was through says that their "signature expert" says that checks that were signed by the anuity holder and issued to me as reimbursement dont match alleging that they may have been forged what can I do to... Read more »

Mark Oakley
Mark Oakley answered on Jun 2, 2020

It is unclear whether you have actually been charged with a crime, or whether the insurance company holding the annuity account is simply dishonoring the checks written by the owner of the account. Ideally, the account owner can clear this up by confirming the signatures on the checks is... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on
Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to... Read more »

Mark Oakley
Mark Oakley answered on Jan 31, 2019

You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current... Read more »

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1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: My mom owned a cosmetology school. It was under a LLC. The business closed, and the students had to transfer....

Because the students transferred, the insurance my mom had "covered" the expenses of the students tuition and fees. This insurance company is claiming she, the co-owner, and LLC lawyer signed the Indemnity Agreement which makes the owners liable for the damages. The insurance already sent... Read more »

Arnab Kumar Banerjee
Arnab Kumar Banerjee answered on Jan 29, 2019

i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?

without knowing the exact terms i cannot give you any advice.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can I sue myself in Maryland for auto property damage liability? Details below.

I have two cars insured under two different auto policies. Both policies are with the same company. I was backing out of my driveway (car #1) and rear-ended the other car (car #2). I own both cars. There was minor damage to the car I was driving (#1) and I am not making a claim on that one.... Read more »

Mark Oakley
Mark Oakley answered on Nov 8, 2018

The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance... Read more »

2 Answers | Asked in Insurance Defense for Maryland on
Q: Is my insurer required to hire outside counsel to defend me against a lawsuit?
Mark Oakley
Mark Oakley answered on Sep 14, 2018

If you have liability insurance and the claim against you alleges you were negligent, then yes, they should provide and pay for a lawyer if you are sued.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

Intersection accident, I had a flashing red, he had a flashing yellow. I firmly believe I am not at fault for this accident (I looked carefully both ways, he was speeding and not close to the intersection when I began crossing, the damage to my car is considerable). His insurance company has denied... Read more »

Yosef Kuperman
Yosef Kuperman answered on Aug 7, 2018

It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds... Read more »

1 Answer | Asked in Insurance Defense and Personal Injury for Maryland on
Q: Do I only need to contact insurance adjuster and in what amount of time to not have my claim permanently closed?

I have to find another attorney.

Eric Todd Kirk
Eric Todd Kirk answered on Mar 15, 2017

This question is difficult to answer without context. A claim would be permanently closed if you signed a release, if your claim went to trial and no appeal was taken, or, if 3 years had elapsed without your filing a lawsuit from the date of personal injury. You also mentioned you need to find an... Read more »

2 Answers | Asked in Insurance Defense and Personal Injury for Maryland on
Q: Can I get copies of interactions between my attorney and the insurance company, from attorney?

Like settlement offers, what information about me that the attorney gave to them etc.

Paul D'Amore
Paul D'Amore answered on Mar 3, 2017

Absolutely. You have a right to all communications between your lawyer and anyone else relevant to your case. While a telephone call should suffice, I suggest you send a letter or an email to your attorney making the request.

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1 Answer | Asked in Insurance Defense for Maryland on
Q: Hello, I'm trying to locate a life insurance policy from 1997

My father passed away, my stepmother destroyed the insurance information could you help me

Thomas C. Valkenet
Thomas C. Valkenet answered on May 31, 2013

We struggle with this, too, in probate matters. It is a long process, since companies are bought, sold and go out of business. Is an Estate opened? Are you Personal Representative? And how do you know stepmother destroyed anything? So many questions.

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