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Mayor & City Council of Baltimore v. Utica Mut. Ins. Co.

Court of Special Appeals of Maryland

July 2, 2002, Filed

No. 866, September Term, 2000

Opinion

 [*264]  [**1075]   The issues in these consolidated appeals from the Circuit Court for Baltimore City arise out of an omnibus pre-trial Order entered on May 16, 2001 by the Honorable Gary I. Strausberg in multiple garnishment proceedings initiated by the Mayor and City Council of Baltimore ("City") against several insurance companies ("garnishees" or "insurers") that provided liability coverage and excess coverage to Croker, Inc. ("Croker"), a subcontractor who installed asbestos-containing thermal insulation products in public buildings.

Summary

As a result of the pre-hearing conference held pursuant to Maryland Rule 8-206, this Court issued an Order calling upon the parties to address the following rulings:

1. Ruling on Insurers' Motion to Set Aside or, in the Alternative, to Revise the Consent Judgment;

2. Ruling on Zurich[Insurance Company]'s Motion for Summary Judgment Based on the Products Hazard Exclusion;

3. Ruling on Utica Mutual[Insurance Company]'s Motion for Summary Judgment on the Issues of Trigger of Coverage and Allocation, which other Insurers joined;

 [***2]  [*265]   4. Ruling on U.S. Fire Insurance Company's Motion for Summary Judgment (based on absence of policy);

5. Ruling on Federal Insurance Company's Motion for Summary Judgment (based on exhaustion); and

6. Ruling on Insurers' Motion to Strike Plaintiff the Mayor & City Council of Baltimore's Jury Demand.

We hold that in garnishment proceedings, summary judgment in favor of a particular garnishee is a final judgment as to that garnishee. We shall deny the garnishees' motion to dismiss the City's appeals from the entries of summary judgment based on the products hazard exclusion, on allocation, and on trigger of coverage.

We shall dismiss the City's appeals from the order striking its jury request, and from the court's refusal to deny garnishees' request to reopen the consent judgment. We shall also dismiss the cross-appeals filed by Utica Mutual.

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145 Md. App. 256 *; 802 A.2d 1070 **; 2002 Md. App. LEXIS 114 ***

MAYOR and CITY COUNCIL of BALTIMORE v. UTICA MUTUAL INSURANCE COMPANY, et al.

Subsequent History:  [***1]  As Corrected July 9, 2002.

Writ of certiorari granted Balt. v. Utica Mut., 371 Md. 613, 810 A.2d 961, 2002 Md. LEXIS 872 (2002)

Writ of certiorari dismissed Baltimore v. Utica Mut., 374 Md. 81, 821 A.2d 369, 2003 Md. LEXIS 176 (2003)

Prior History: APPEAL FROM THE Circuit Court for Baltimore City. Gary I. Strausberg, JUDGE.

North River Ins. Co. v. Mayor & City Council of Baltimore, 343 Md. 34, 680 A.2d 480, 1996 Md. LEXIS 77 (1996)United States Gypsum Co. v. Mayor of Baltimore, 336 Md. 145, 647 A.2d 405, 1994 Md. LEXIS 119 (1994)Owens-Corning Fiberglas Corp. v. Mayor of Baltimore City, 108 Md. App. 1, 670 A.2d 986, 1996 Md. App. LEXIS 6 (1996)

Disposition: Entries of summary judgment affirmed in part, reversed in part, and case remanded. Other motions ruled upon. Cross appeal by Utica Mutual dismissed.

CORE TERMS

coverage, insured, products, trigger, policies, property damage, hazard, Appeals, insurance company, garnishee, summary judgment, occurrence, asbestos, manifestation, exhaustion, circuit court, Mutual, warn, primary policy, garnishment, damages, umbrella policy, policy period, Casualty, cases, summary judgment motion, final judgment, failure to warn, installation, exposure

Civil Procedure, Judgments, Enforcement & Execution, Garnishment, Summary Judgment, General Overview, Remedies, Provisional Remedies, Appeals, Appellate Jurisdiction, Final Judgment Rule, Entry of Judgments, Multiple Claims & Parties, Contracts Law, Third Parties, Subrogation, Summary Judgment Review, Appealability, Relief From Judgments, Altering & Amending Judgments, Vacation of Judgments, Collateral Order Doctrine, Interlocutory Orders, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Standards of Review, De Novo Review, Insurance Law, Commercial General Liability Insurance, Coverage, Persons Insured, Third Parties, Exclusions, Products & Workmanship, Torts, Products Liability, Theories of Liability, Breach of Warranty, Types of Defects, Marketing & Warning Defects, Defenses, Contributory Negligence, Comparative Fault, Strict Liability, Negligence, Real Property Law, Environmental Regulations, Indoor Air & Water Quality, Asbestos Claims, Types of Insurance, Excess Insurance, Umbrella Policies, Environmental Law, Hazardous Wastes & Toxic Substances, Asbestos, Triggers, Injury in Fact, Continuous Triggers, Exposure Triggers, Manifestation Triggers, Claim, Contract & Practice Issues, Policy Interpretation, Entire Contract, Ordinary & Usual Meanings, Technical Constructions & Meanings, Business Insurance, Property Claims, Motor Vehicle Insurance, Liability Limitations, Obligations, Allocation, Alternative Risk Transfers, Self Insurance, Multiple Insurers, Indemnification Obligations, Multiple Triggers