Insights

Westfield Insurance Company v. Michael Gilliam

June 2022

On February 8, 2022, the Maryland Court of Appeals considered whether the difference between an injured person’s fair and reasonable value of medical provider bills and the payment of those bills made by a workers’ compensation insurer constitutes a “benefit” that the injured person has “recovered” under the Maryland Workers’ Compensation Act. At issue was whether this amount should be offset against any recovery that…

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Senate Bill 550’s Impact on Construction Contracts in Virginia

June 2022

During its 2022 session, the Virginia General Assembly passed—and the Governor signed—Senate Bill 550, changing the law governing Virginia construction contracts. Specifically, SB550 amends §§ 2.2-4354 and 11-4.6 of the Virginia Code to eliminate or prohibit “pay if paid” clauses while requiring “prompt payment” clauses in public and private construction contracts. A contractor cannot require payment by the owner as a condition to paying lower-tier…

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Maryland Court of Special Appeals Sets Precedent on Business Interruption Losses Due to COVID-19

June 2022

On May 24, 2022, the Maryland Court of Special Appeals affirmed a trial court’s ruling out of Frederick County regarding a restaurant operator’s claims of business interruption due to the COVID-19 pandemic. In the case, GPL Enterprise, LLC v. Certain Underwriters at Lloyd's, 2022 WL 1638787, the court affirmed that the insurance policy did not provide coverage for business interruption losses due to the pandemic.…

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Court of Appeals Clarifies Scope of Its Rulemaking Authority and Addresses the Constitutionality of Its Newly Codified Emergency Powers

June 2022

In Jesse J. Murphy v. Liberty Mutual Insurance Company, __ Md. __, Misc. No. 5., Sept. Term 2021 (April 27, 2022), the Court of Appeals for the first time addressed the constitutionality of the emergency powers that it conferred upon itself by way of additions to the Maryland Rules in the early days of the COVID-19 pandemic. The Court clarified the scope of its own…

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Maryland Appellate Court Examines Statute of Limitations Defenses Applicable to a Petition to Compel Arbitration

May 2022

In Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp., No. 7, Sept. Term, 2021, ___A.3d ___, 2022 WL 883679, available here, the Court of Appeals of Maryland held that, without language in an arbitration agreement providing otherwise, a petition to compel arbitration filed under the Maryland Uniform Arbitration Act (“MUAA”), Md. Code Ann., Courts and Judicial Proceedings (“CJ”) §§ 3-201, et…

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