[DOWNLOAD] "Allstate Insurance Co. v. State Farm Mutual Automobile Insurance Co." by In the Court of Appeals of Maryland ~ eBook PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Co. v. State Farm Mutual Automobile Insurance Co.
- Author : In the Court of Appeals of Maryland
- Release Date : January 05, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
It is common, indeed universal, for automobile insurance policies to contain clauses that require an insured who is involved in an accident to cooperate with the company in the investigation and resolution of any claim made against the insured. In the case at bar, the policy, issued by petitioner State Farm Insurance Company to Latricia Kirby, required Ms. Kirby, among other things, to ""cooperate with us and, when asked, assist us in: a. making settlements; b. securing and giving evidence; [and] c. attending and getting witnesses to attend hearings and trials."" Kirby was involved in an automobile accident and, eventually, two claims were made against her. Although she initially cooperated with the insurer, her cooperation was short-lived. As a direct consequence of her subsequent lack of cooperation, State Farm was precluded from defending the claims, and a judgment in the amount of $150,000 was entered against Kirby. Maryland Code, § 19-110 of the Insurance Article permits an insurer to disclaim coverage on the ground that the insured has breached the policy by failing to cooperate with the insurer only if the insurer establishes that the lack of cooperation has resulted in actual prejudice to the insurer. The Circuit Court for Prince George's County found that State Farm was actually prejudiced, but only to the extent of half of the judgment, and that it could therefore disclaim only to that extent. The Court of Special Appeals concluded that, on the record in this case, State Farm was excused from paying the entire judgment. State Farm v. Gregorie, 131 Md. App. 317, 748 A.2d 1089 (2000).
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