SULLINS v. ALLSTATE INS. CO.

Misc. No. 7, September Term, 1995.

340 Md. 503 (1995)

D. PAUL SULLINS ET AL. v. ALLSTATE INSURANCE COMPANY.

Court of Appeals of Maryland.

Reconsideration Denied December 19, 1995.


Attorney(s) appearing for the Case

Howard J. Schulman (Schulman & Kaufman, LLC, on brief), Baltimore, for Appellants.

Julie C. Janofsky (Ward, Janofsky & Truhe, P.A., on brief), Towson, for Appellee.

Joseph D. Tydings (Anderson Kill Olick & Oshinsky, P.C., on brief), Washington, DC, for amici curiae, The Center for Children and Families Inc., The Fresh Air Fund, and Delmarva Power & Light Company; Irene C. Warshauer, Joan L. Lewis, and Andrea J. Pincus, of counsel (Anderson Kill Olick & Oshinsky, P.C., on brief), New York City, Richard E. Poole (Potter Anderson & Corroon, on brief), Wilmington, DE.

Hyacinth Kucik, Senior Counsel, amici curiae, Federal Home Loan Mortgage Corporation, McLean, VA (Howard S. Lindenberg, amici curiae, Federal Home Loan Mortgage Corporation, of counsel and on brief), McLean, VA.

Laura A. Foggan, Daniel E. Troy, Jonathan M. Shaw, Mary E. Borja Wiley, Rein & Fielding, Washington, DC, for amici curiae Insurance Environmental Litigation Association and National Association of Independent Insurers.

Linda S. Woolf, Goodell, DeVries, Leech & Gray, Baltimore, for amicus curiae, The Property Owners Association of Greater Baltimore, Inc.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


MURPHY, Chief Judge.

This case comes to us from the United States District Court for the District of Maryland pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 1995 Repl.Vol.) §§ 12-601 — 12-609 of the Courts and Judicial Proceedings Article. The question of state law certified for our determination is:

Whether an insurance company has a duty to defend and/or indemnify its insured in an action alleging...

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