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Litigation: Maryland court rules that jury must know identity of insurance carrier

Public interest in identifying parties to litigation outweighs the potential risk of defendants receiving a higher damages award

Maryland’s intermediate appellate court, the Court of Special Appeals, has ruled that that an insurance company’s identity must be disclosed to a jury in a breach of contract case arising out of the uninsured motorist provisions of an insurance policy. Davis et vir. v. Martinez, et al., examines the potential prejudice that defendants face when a jury knows that a claim may be covered by insurance, as well as the distinction between evidentiary matters and basic trial procedure.

On Jan. 27, 2008, Tania Nicole Little Martinez’s car collided with one being operated by Dionne and Darryl Davis. The Davises sued Martinez, alleging personal injuries and loss of consortium, among other things.

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Jim Steele

Jim Steele is a member at Carr Maloney. He counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends clients in...

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