Month: December 2022

Maryland and Virginia appellate courts issue decisions on statutory interpretation

In the Maryland case of Elsberry v. Stanley Martin Companies, LLC, the purchasers of a single-family home in Charles County filed suit alleging that the seller improperly imposed an amortized water and sewer charge for a period of thirty years after the date of the initial sale. The homeowners filed suit contending that Md. Code Real Prop. § 14-117 ... Read More

Dismissal – forum non conveniens: Foreign medical malpractice plaintiff’s choice to pursue a claim in D.C. outweighed by public and private interest factors in favor of the forum where alleged negligence occurred.

Attorneys Crystal Deese and Benjamin Harvey secured dismissal of a medical malpractice case from D.C. Superior Court on forum non conveniens grounds. Defendants’ motion was successful despite the fact that the defendant hospital system was incorporated in the District and its nurse employee was licensed in both the District and in Maryland. The court weighed the private and public interest ... Read More

Massachusetts Federal Court Upholds Denial of Coverage for Defense Costs Under an Excess Policy Because Insured Failed to Provide Timely Notice Under a Claims-Made and Reported Policy

In President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., Harvard University filed suit against Zurich American Insurance Company for defense costs under an excess claims made and reported policy. The United States District Court for Massachusetts sided with Zurich and found that the University failed to timely satisfy the notice requirements ... Read More