Discovering Insurance policy limits prior to trial

Discovering Insurance policy limits prior to trial

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1102 (2014)

§ 10-1102. Prelitigation discovery of insurance coverage.
After a claimant files a written tort claim concerning a vehicle accident and provides the documentation described in § 10-1103 or § 10-1104 of this subtitle to an insurer, the claimant may obtain from the insurer documentation of the applicable limits of coverage in any insurance agreement under which the insurer may be liable to:

(1) Satisfy all or part of the claim; or

(2) Indemnify or reimburse for payments made to satisfy the claim.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1103 (2014)

§ 10-1103. Prerequisites for receiving documentation

(b) In general. — A claimant may obtain the documentation described in § 10-1102 of this subtitle if the claimant provides in writing to the insurer:

(1) The date of the vehicle accident;

(2) The name and last known address of the alleged tortfeasor;

(3) A copy of the vehicle accident report, if available;

(4) The insurer’s claim number, if available;

(5) The claimant’s health care bills and documentation of the claimant’s loss of income, if any, resulting from the vehicle accident; and

(6) The records of health care treatment for the claimant’s injuries caused by the vehicle accident.

(c) Threshhold amount for required disclosure. — If the amount of the health care bills and loss of income documented by the claimant under this section is at least $ 12,500, the insurer shall disclose in writing the applicable limits of coverage in each written agreement under which the insurer may be liable.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1104 (2014)

§ 10-1104. Prerequisites for receiving documentation — Estate of individual or beneficiary on death of individual

(b) Information required prior to obtaining documentation. — A claimant may obtain the documentation described in § 10-1102 of this subtitle if the claimant provides in writing to the insurer:

(1) The date of the vehicle accident;

(2) The name and last known address of the alleged tortfeasor;

(3) A copy of the vehicle accident report, if available;

(4) The insurer’s claim number, if available;

(5) A copy of the decedent’s death certificate issued in the State or another jurisdiction;

(6) A copy of the letters of administration issued to appoint the personal representative of the decedent’s estate in the State or a substantially similar document issued by another jurisdiction;

(7) The name of each beneficiary of the decedent, if known;

(8) The relationship to the decedent of each known beneficiary of the decedent;

(9) The amount of economic damages, if any, claimed by each known beneficiary of the decedent, including any amount claimed based on future loss of earnings of the decedent;

(10) The health care bills for health care treatment, if any, of the decedent resulting from the vehicle accident;

(11) The records of health care treatment for injuries to the decedent caused by the vehicle accident; and

(12) Documentation of the decedent’s past loss of income, if any, resulting from the vehicle accident.

§ 10-1105. Providing disclosure; effect of disclosure

(b) No liability for disclosure. — An insurer, and the employees and agents of an insurer, may not be civilly or criminally liable for the disclosure of documentation required under this subtitle.

(c) Effect of disclosure. — Disclosure of the documentation under this subtitle does not constitute:

(1) An admission that a claim is subject to the applicable agreement between the insurer and the alleged tortfeasor; or

(2) A waiver of any term or condition of the applicable agreement between the insurer and the alleged tortfeasor or any right of the insurer, including any potential defense concerning coverage or liability.

(d) Effect of disclosure — Admissibility as evidence. — Documentation disclosed under this subtitle is not admissible as evidence at trial by reason of its disclosure under this subtitle.

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1101 (2014)

§ 10-1101. Definitions

(b) Beneficiary. — “Beneficiary” means an individual who may bring an action for wrongful death under Title 3, Subtitle 9 of this article.

(c) Claimant. — “Claimant” means:

(1) A person who alleges damages as a result of a vehicle accident or an attorney who represents the person; or

(2) A personal representative of the estate of a decedent who died as a result of a vehicle accident or an attorney who represents the personal representative of the estate of the decedent.

(d) Insurer. — “Insurer” includes a property and casualty insurer, a self-insurance plan, or any person required to provide indemnification for a claim for wrongful death, personal injury, or property damage.

(e) Vehicle. — “Vehicle” has the meaning stated in § 11-176 of the Transportation Article.

Admissibility of Traffic Court Finding in a Civil Case.

1. If the defendant pleads guilty in traffic court, the guilty plea is admissible in a subsequent civil case. See Miller v. Hall, 161 Md. 111 (1931). It is admissible as an admission. See Crane v. Dunn 382 Md. 83 (2004) for a full discussion

2. If the defendant simply paid the traffic ticket by mailing a check, that action (and the fact that a traffic citation was issued by the officer) is not admissible in a subsequent civil case. Briggeman v. Albert, 322 Md. 133 (1991). The action of mailing the check is equivalent to plea of “no contest,” which is also not admissible in a subsequent civil action. Paying a traffic ticket does not necessarily mean that the driver admits guilt; it may have been costlier for the driver to fight the ticket than to pay it.

3. If the defendant is tried in traffic court and is found guilty, the conviction is not admissible in a subsequent civil action. See Aetna Casualty & Surety Co. v. Kuhl , 296 Md. 446, 450 (1983); Brooks v. Daley, 185, 196 (1966). See also Eagan v. Calhoun, 347 Md. 72 (1997) (collecting cases). It is true that the standard of proof in traffic court is higher than that in a civil case. However, much less is at stake in traffic court. A defendant may not (and in most cases, would not) hire an attorney to fight a traffic ticket for, say, $75.00. Thus, it would not be fair to use the conviction against the defendant in a subsequent civil case in which he is being sued for say, $100,000. Also, there is no right to a jury trial in most traffic court cases. Traffic court procedures are also much more streamlined than Circuit Court procedures, and even District Court civil procedures ( i.e., no discovery).

The information obtained in this book is not, nor is it intended to be legal advice. You should always consult an attorney for individual advice regarding your own situation. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the copyright notice as listed above.

The attorney fee in an automobile accident is based on a percentage of any recovery and there is no requirement that any costs be paid up front. If the case is lost, then there will be no fee charged to the client.