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
(a) Scope. — This section does not apply to a claim described under § 10-1104 of this subtitle.

(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
(a) Applicability. — This section applies to a claim by the estate of an individual or a beneficiary of the individual resulting from the death of the individual in a vehicle accident.

(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.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1105 (2014)

§ 10-1105. Providing disclosure; effect of disclosure
(a) Insurer to provide documentation within 30 days of request. — An insurer shall provide in writing the documentation described under § 10-1102 of this subtitle within 30 days after the date of a request in accordance with § 10-1103 or § 10-1104 of this subtitle, regardless of whether the insurer contests the applicability of coverage to a claim.

(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
(a) In general. — In this subtitle the following words have the meanings indicated.

(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.



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