An insurer’s duty to defend is triggered when three conditions are met: (1) where it contracts to defend in the policy; (2) where a “suit” has been filed against an insured.
In 2013, the Maryland Court of Appeals and Court of Special Appeals issued several opinions which have had a direct and immediate impact upon litigating lead poisoning. These appellate decisions address requirements for expert opinion.
Analyzing the necessity of expert testimony with respect to “Substantial Factor” causation in lead paint actions: Ross v. Housing Authority of Baltimore City.
National Business Institute. Maryland’s Consumer Protection Act (“CPA”) prohibits any person from engaging in unfair or deceptive practices in the sale, or offer for sale, of consumer goods.
National Business Institute. Personal Jurisdiction is frequently an issue in mass toxic tort litigation. Maryland employs a two-prong test to determine personal jurisdiction over out of state residents.