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In 2007, a law became effective in Maryland that, for the first time, permitted insureds to sue their insurers for failing to act in good faith in settling their first party claims under a property insurance policy. The cause of action, which is found in Maryland Code § 3-1701, applies in actions to determine whether coverage exists under the relevant insurance policy, and also in actions to determine the extent to which the insured is entitled to receive payment from the insurer for a covered loss.
Continue Reading Insurance Bad Faith in Maryland: Part 1

The “Suit Against Us” provision is typically found in the “Conditions” section of a homeowners insurance policy. This provision explains to an insured when he or she can initiate a lawsuit against the insurance carrier. However, the timeline reflected in the provision may not be enforceable as certain states do not allow the insurance policy to conflict with the state’s Statute of Limitations for Breach of Contract Actions.
Continue Reading Property and Casualty “Suit Against Us” Provisions: Maryland and Delaware

Maryland suffers from a wide breadth of property damage claims. Most notably, floods, fires, and storm surges. Maryland residents should always be mindful of their property insurance policy and the coverage it affords and the potential perils that are excluded. If you believe you have suffered a covered loss that your insurance company is denying, delaying or acting in bad faith, you may wish to file a complaint with the Maryland Insurance Administration.
Continue Reading How to File A Complaint with the Maryland Insurance Administration About Your Denying, Delaying and Bad Treating Insurance Company

A Maryland Supreme Court opinion, Schreiber v. Pacific Coast Fire Insurance Company,1 is where we look for a discussion on the calculation of actual cash value in Maryland. Here, a dwelling house was partially damaged by a fire. The parties allowed their dispute on valuation to be submitted to arbitration. The appraisers had disagreed on the cash value of the property and had called in an umpire. The two appraisers and umpire then set down their own figures, added them, divided by three and then agreed upon that figure as the combined judgment of the three. The Court held that the appraisal was not invalid, in absence of evidence they had agreed to be bound by result of their computations.…

Continue Reading Calculating Actual Cash Value, Part 16: Maryland