ST. PAUL FIRE AND MARINE INSURANCE COMPANY
v.
HOMER C. HOUSE ET AL.
Court of Appeals of Maryland.https://leagle.com/images/logo.png
March 9, 1989.
March 9, 1989.
Attorney(s) appearing for the Case
Robert P. Schlenger (Frederick J. Green, Jr., Donald B. Davis, Jr., Lord & Whip, P.A., all on brief), Baltimore, amicus curiae for Nat. Union Fire Ins. Co. of Pittsburgh, Pa.
Paul D. Krause, Michael E. Myckowiak, Jayson L. Spiegel, Jordan, Coyne, Savits & Lopata, all on brief, Rockville, amicus curiae for Medical Mut. Liability Ins. Society of Maryland.
David M. Funk, Terrance W. Tankard, Shapiro and Olander, Baltimore, Stephen P. Carney, Hunt Valley, all on brief, for petitioner.
Alan N. Gamse, E. Suzan Miller, Semmes, Bowen & Semmes, Baltimore, all on brief, amicus curiae for American Ins. Assn.
J. Joseph Curran, Jr., Atty. Gen. and Meg L. Rosthal, Asst. Atty. Gen., Baltimore, both on brief, amicus curiae for Ins. Com'r of the State of Md.
Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.
"Where any insurer seeks to disclaim coverage on any policy of liability insurance issued by it, on the ground that the insured ... has breached the policy by failing to cooperate with the insurer or by not giving requisite notice to the insurer, such disclaimer shall be effective only if the insurer establishes, by a preponderance of affirmative evidence...
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