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WASHINGTON TRANSIT v. QUEEN

Misc. No. 8, September Term, 1990.

324 Md. 326 (1991)

597 A.2d 423

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. REGINA QUEEN.

Court of Appeals of Maryland.

October 28, 1991.

Attorney(s) appearing for the Case

Linda Lazarus, Asst. General Counsel (Gerard J. Stief, Associate General Counsel, Robert J. Kniaz, Acting Deputy General Counsel, Arnold I. Melnick, Deputy General Counsel, Robert L. Polk, General Counsel, Thomas A. Medford, Jr., Asst. General Counsel, Washington, D.C., on brief), for appellant.

Richard L. Swick, Washington, D.C., for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ.

ELDRIDGE, Judge.

The United States Court of Appeals for the District of Columbia Circuit, 901 F.2d 135, has certified to this Court a question of Maryland law.1 The issue is whether a liability insurer's disclaimer of liability, by filing a declaratory judgment action prior to a tort suit against the insured, excuses the tort plaintiff from obtaining a judgment against the insured tortfeasor before maintaining...

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