On May 2, 2019, The Maryland Court of Special Appeals, in a written opinion, upheld the validity of a local ordinance, which was previously declared preempted by State law in a lower court. In cases past, local communities hoping to improve the health and welfare of its citizens through local ordinances have been thwarted by the implied preemption by State …
Selective Way v. Nationwide: Decision of Maryland Court of Special Appeals reaffirms liberally construed insurer’s contractual duty to defend; additional insured endorsements reinforce broad form indemnification provisions
The Maryland Court of Special Appeals recently came out with a decision regarding the tender of defense and indemnification of additional insureds in the context of construction defects litigation. The opinion covers several issues that often arise during the course of a construction defects claim, including apportionability, scope of coverage, and subrogation rights. See Selective Way Insurance Co. v. Nationwide …
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