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VAN HORN v. ATLANTIC MUTUAL

No. 20, September Term, 1990.

334 Md. 669 (1994)

641 A.2d 195

RAYMOND J. VAN HORN ET AL. v. ATLANTIC MUTUAL INSURANCE COMPANY.

Court of Appeals of Maryland.

Reconsideration Denied June 8, 1994.

Argued October 10, 1990

Reargued May 7, 1992

Attorney(s) appearing for the Case

I. Elliott Goldberg and David A. Sherbow (Jane A. Canter, Charles E. Chlan, David D. Levine and Jill Coleman, James J. Temple, Anello and Temple, Baltimore, all on briefs), I. Elliott Goldberg (Christine A. Malanga, Baltimore, both on brief), for petitioners.

Martin H. Freeman, David A. Sherbow, Baltimore, as amicus curiae, for Maryland Trial Lawyers Ass'n.

Roger O. Robertson (A. Douglas Owens, Owens & Robertson, PA., Baltimore, all on brief), for respondent.

James J. Doyle, III, James J. Doyle, Jr., Doyle & Craig, PA, Baltimore, as amicus curiae, for American Ins. Ass'n.

Before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and BELL, JJ.

ELDRIDGE, Judge.

The issue in this case is whether Maryland's statutory motor vehicle insurance regulatory scheme has changed an insurer's common law contract right to void ab initio an automobile liability insurance policy when the insured applicant had made a material misrepresentation in the application for the policy.

I.

In early October 1985 Raymond J. Van Horn signed and submitted, through an insurance agency, an application to the Atlantic...

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