Policy Limits Are Policy Limits – The Policy Says Only What It Says

By Barry Zalma, Attorney and Consultant Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis v. Travelers Property Casualty Company of America...

Stupid Facts Make For Interesting Law – No Fault Auto Insurance is a Contract of Personal Indemnity

By Barry Zalma, Attorney and Consultant Insurance policies do not insure property. Insurance policies do not insure cars. Insurance policies, much to the surprise of the uninitiated, insure people against certain risks of loss specified in a policy. Therefore, if a person has an automobile insurance...

It is Important to Honor Substance Over Form

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass Insurance Company of America , No. 100 (Md. 04/25...

No Coverage For Participant In Drag Race

By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries caused by participation in such a dangerous risk...