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PORT EAST TRANSFER, INC. v. LIBERTY MUTUAL

Misc. No. 10, September Term, 1992.

330 Md. 376 (1993)

624 A.2d 520

PORT EAST TRANSFER, INC. ET AL. v. LIBERTY MUTUAL INSURANCE CO.

Court of Appeals of Maryland.

May 12, 1993.

Attorney(s) appearing for the Case

Charles M. Kerr (Vicki L. Dexter, Adina N. Amith, Irwin, Kerr, Green, McDonald and Dexter, all on brief), Baltimore, for appellant.

Phillip R. Zuber (Sasscer, Clagett & Bucher, both on brief), Upper Marlboro, for appellee.

Argued before MURPHY, C.J. and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, and ROBERT M. BELL, JJ.

McAULIFFE, Judge.

The United States District Court for the District of Maryland has certified to this Court a question involving the required elements of a contract claim brought by an insurer against its insured for unpaid retrospective premiums and involving the allocation of burdens of proof and production of evidence in such an action.

I.

Between 1 March 1986 and 25 April 1989, Port East Transfer (Port East)1 entered...

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