News

The Maryland Insurance Administration (“MIA”) has updated its enforcement position on uninsured/underinsured motorist (“UM/UIM”) coverage for diminution of value claims.  By way of background, UM/UIM coverage is a statutorily required insurance coverage that applies when an insured involved in an accident is unable to recover, in whole or in part, from an uninsured or underinsured… read more

The D.C. Council enacted legislation that declares void indemnification clauses in construction contracts that require a subcontractor to indemnify or hold harmless a contractor for a contractor’s sole negligence.  This law only applies to contracts executed on or after April 1, 2023.  The new law also prohibits contractors from requiring their subcontractors to purchase additional… read more

The Centers for Medicare and Medicaid Services (“CMS”) is permitted to impose a civil monetary penalty of “up to $1,000” per day for a liability insurer’s failure to comply with reporting requirements with respect to settlements of third-party liability claims with Medicare beneficiaries.  In October 2023, CMS adopted regulations specifying when and how it will… read more

CLIENT ADVISORY PENNSYLVANIA CLIENT ADVISORY Pennsylvania Supreme Court upholds preclusion of evidence of a product liability defendant’s compliance with industry and governmental safety standards. In a much-anticipated decision, Sullivan v. Werner Company, No. 18 EAP 2022 (Pa. Dec. 22, 2023), the Pennsylvania Supreme Court has ruled that product liability defendants may not introduce evidence of… read more

On May 8, 2023, Maryland’s Governor approved House Bill 128.  For private passenger vehicle insurance policies, the Bill converts enhanced underinsured motorist coverage (“EUIM”) from opt-in coverage to opt-out coverage. By way of background, Maryland first enacted optional EUIM coverage during its 2017 legislative session.  The law applied to private passenger vehicle policies dated July… read more