The
Maryland General Assembly recently passed bills expanding the scope of
pre-litigation discovery of insurance coverage limits and changing the
qualifications for experts in medical malpractice disputes. The new laws are
set to take effect in Maryland on October 1, 2019.
Senate
Bill 101 will expand the scope of the law that authorizes the discovery of insurance
coverage information relating to claims involving motor vehicle accidents.
Generally,
an insurer must provide a claimant with any documentation regarding the limits
of liability coverage in an insurance agreement under which the insurer may be
liable to satisfy all or part of the claim. To obtain this information, a claimant
must have filed a written tort claim involving a motor vehicle accident and must
also provide the insurer with the following information in writing: (1) the
date of the accident report; (2) the name and last known address of the alleged
tortfeasor; (3) a copy of the vehicle accident report; and (4) the insurer's
claim number.
However,
the Bill, once enacted into law, will extend the application of this law to
include not just motor vehicle accidents, but any tort involving death or
bodily injury. Claimants will be able to discover information about the
applicable limits of coverage in any automobile, homeowner's, or renter's
insurance policy. The law will also expand the required documentation that claimants
must submit to the insurer to include a letter from a licensed attorney certifying
that: (1) the attorney has made reasonable efforts to investigate the
underlying facts of the claim; and (2) based on the attorney's investigation,
the attorney reasonably believes that the claim is not frivolous.
Senate
Bill 773 will change the requirements for experts testifying in medical
malpractice disputes. Currently, qualified experts may not dedicate more than
20% of their professional activities to activities that directly involve
testimony in personal injury claims. For something to qualify as a
"professional activity,” it must: (1) contribute to, or advance, the
profession to which the expert belongs; or (2) involve the expert's active
participation in that profession. However, activities such as reading journals,
observing procedures conducted by other physicians, and discussing matters with
former colleagues are not considered “professional activities” included in the
20% rule.
Once
Senate Bill 773 takes effect in Maryland, it will increase experts’ 20% limit
on personal injury testimony to 25%. It will also expand the definition of
“professional activity” to include all activities arising from, or related to,
the health care profession. In addition, the new law will establish that once a
health care provider qualifies as an expert, he/she must be deemed a qualified
expert for the pendency of the claim.
-Jahnee
Waller, Law Clerk
