Johnson v. Nationwide Mutual Insurance Co., 388 Md. 82

Summary

The Maryland Court of Appeals held that Maryland Insurance Article § 19-509 does not require uninsured motorist coverage for the wrongful death of a person who was not an insured under the applicable policy. The court distinguished Forbes v. Harleysville Mutual Insurance Co., concluding that the current statutory language permits surviving relatives to recover only for the wrongful death of an insured under that policy. The court affirmed the Court of Special Appeals and denied coverage under the Nationwide policy.

Holdings

1. Maryland Insurance Article § 19-509 does not require an insurer to provide uninsured motorist coverage for the wrongful death of a person who was not an insured under the policy.
2. The remedial purpose of Maryland's uninsured motorist statute cannot justify disregarding the statute's plain language or judicially extending mandatory coverage beyond the persons and circumstances specified by the General Assembly.

Questions Presented

1. Whether Maryland Insurance Article § 19-509 requires an insurer to provide uninsured motorist coverage for the wrongful death of a person who was not an insured under the policy.
2. Whether § 19-509(c)(1) permits a surviving relative to recover wrongful-death benefits when the deceased person was not insured under the policy.
3. Whether the alternative holding in Forbes v. Harleysville Mutual Insurance Co. controlled under the current version of Maryland's uninsured motorist statute.

Disposition

affirmed