CLAY v. GEICO

No. 133, Sept. Term, 1998.

739 A.2d 5 (1999)

356 Md. 257

DWAYNE CLAY, M.D., P.C. t/a 1st Priority Physical Medicine v. GOVERNMENT EMPLOYEES INSURANCE COMPANY.

Court of Appeals of Maryland.

October 12, 1999.


Attorney(s) appearing for the Case

Jeffrey S. Marcalus (Hillman, Brown & Darrow, P.A., on brief), Annapolis, for petitioner.

Francis J. Ford (Ford & Chervenak, on brief), Rockville, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


RODOWSKY, Judge.

In this case a personal automobile liability insurer, in reliance on a nonassignability clause in the policy, refused to recognize a post-accident assignment, by the injured insured to a health care provider, of benefits payable under the policy's uninsured motorist coverage in an amount equal to the provider's charges for health care rendered as a result of the accident. The question presented is whether that application of the nonassignability clause...

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