Appellate Court of Maryland Addresses Collateral Estoppel and the Duty to Defend in Matters before the Maryland Insurance Administration
In the Matter of Justin Holder , No. 1627, September Term, 2024. Opinion by Nazarian, J. In the case In the Matter of Justin Holder , the Appellate Court of Maryland held that the Maryland Insurance Administration’s decision in Holder’s unfair claims settlement action collaterally estopped him from relitigating the issue of whether his insurer owed him a duty to defend. Mr. Holder purchased two policies from his insurer – a homeowner’s insurance policy and an umbrella policy. Both policies contained a duty to defend, or in other words, the contractual obligation of the insurer to provide its insured (in this case, Mr. Holder) with legal representation against covered claims. Mr. Holder and his wife later became involved in a land dispute which led to claims of trespass to land, private nuisance, and aiding and abetting trespass to land, among others. Mr. Holder requested his insurer provide coverage and defense in connection to these cla...
